欺诈发行证券罪探析

欺诈发行证券罪是一种典型的证券犯罪,在我国证券市场发案率较高,且危害极大。对欺诈发行证券罪的构成特征进行了深入具体的分析,并在此基础上对该罪在司法实践中的具体认定及刑事责任问题进行了认真的探讨。     

Maltreatment by police officers?

In January 1990 amnesty international stated a report concerning 128 cases of alleged torture by the police in Austria since december 1984. Our material consists of 31 cases, three case reports are given in detail. Problems of medical expertise are discussed. It may be difficult to rule out injuries which are caused by accident or self inflicted. Some methods of torture (certain kinds of asphyxia for example) may be impossible to trace.     

An alleged assault by police

A case is presented of self-inflicted injuries alleged to have been sustained during an assault by police. A summary is given of the factors in this case differentiating between self-inflicted injuries and those due to an assault. The desirability of taking photographs of injuries in cases of alleged assault and the importance of keeping an open mind when assessing injuries are emphasised. The need for greater awareness in the medical and legal professions of the advantages of a forensic medical opinion in the assessment of injuries is mentioned.     

Deception Detection Expertise

A lively debate between Bond and Uysal (2007, Law and Human Behavior, 31, 109-115) and O'Sullivan (2007, Law and Human Behavior, 31, 117-123) concerns whether there are experts in deception detection. Two experiments sought to (a) identify expert(s) in detection and assess them twice with four tests, and (b) study their detection behavior using eye tracking. Paroled felons produced videotaped statements that were presented to students and law enforcement personnel. Two experts were identified, both female Native American BIA correctional officers. Experts were over 80% accurate in the first assessment, and scored at 90% accuracy in the second assessment. In Signal Detection analyses, experts showed high discrimination, and did not evidence biased responding. They exploited nonverbal cues to make fast, accurate decisions. These highly-accurate individuals can be characterized as experts in deception detection.     

Incident perception by British police officers

This study compared the perceptions of a group of experienced British police officers with those of a group of young British police officers and of a group of British civilians. Subjects were shown a videotape of an urban street corner scene which contained a number of staged incidents including criminal offenses, suspicious circumstances, and traffic offenses. They were asked to note down all the incidents which they perceived during the viewing of the videotape, No significant differences were found between the three groups in the total number of incidents identified. There was, however, a significant subject group by offense type interaction, with inexperienced police officers showing the highest reporting of traffic offenses and experienced police officers the lowest. In each group there was also an inverse relationship between the number of traffic offenses and criminal offenses/suspicious circumstances noted. This was particularly high in the inexperienced police officer group.     

Use of force by female police officers

Do female police officers use force at the same rate as male police officers? This research examined the use of force by officers in a large, suburban police department during a seven-year period (1993-1999). Use of force reports completed by departmental policy for each use-of-force incident (n = 1,863) and data on arrests (n = 31,778) were examined. A rate of force, defined as the number of use-of-force incidents per one hundred arrests, was computed for male and female officers for each type of force used. A suspect-injury rate, defined as the number of suspects injured per one hundred arrests, also was computed.Force was used in only a small percentage (5.9 percent) of the arrests made. Injury to the suspect (not including the effects of OC spray) occurred in an even smaller percentage (1.6 percent) of arrests, and injury to the suspect resulting in treatment at a hospital (generally, emergency room treatment) occurred in a still smaller percentage (0.7 percent) of arrests.No statistically significant difference between female and male officers was found in the overall rate of force or in the rate of unarmed physical force. Female officers had a lower rate of weapon use when all types of weapons were considered together (p. < 0.05), but not when the different types of weapons were considered individually. Female officers also had a lower rate of any suspect injury (p. < 0.05), but there was no statistically significant difference in the rate of suspect injury resulting in treatment at a hospital. The differences found, even when statistically significant, were small in absolute terms.     

Deception Traits in Psychological Interviewing

Deception researchers have attempted to improve people’s ability to detect deceit by teaching them which cues to pay attention to. Such training only yields limited success because, we argue, the nonverbal and verbal cues that liars spontaneously display are faint and unreliable. In recent years, the emphasis has radically changed and the current focus is on developing interview techniques that elicit and enhance cues to deception. We give an overview of this innovative research. We also consider to what extent current deception research can be used to fight terrorism. We argue that researchers should pay particular attention to settings that are neglected so far but relevant for terrorism, such as (i) lying about intentions, (ii) examining people when they are secretly observed and (iii) interviewing suspects together. We will commence this paper with general information that puts our reasoning into context. That is, we turn briefly to physiological and neurological lie detection methods that are often discussed in the media, then to the theoretical underpinnings of nonverbal and verbal cues to deceit, and the research methods typically used in nonverbal and verbal lie detection research.     

Deception in Morality and Law

Law and Philosophy -     

Vancouver police raid needle exchange run by drug users

The police claimed that drug trafficking was going on at the needle exchange run by the Vancouver Area Network of Drug Users, but they failed to provide any evidence to that effect. The police later apologized for their remarks and the exchange re-opened.     

Trends in the use of deadly force by police

Research in the area of deadly force by police has tended to focus upon or more of the following issues: (1) trends, (2) legal and/or policy implications, (3) the appropriateness of police usage, and (4) the apparent underreporting of police homicides. This paper examines police interventions relative to possible danger indicators in the working environment of police officers. It would appear for the period in question, 1964 to 1974, that police decreasingly used deadly force. A brief discussion concerning the possible reasons for this decline is provided.     

Provoked shooting by police as a mechanism for suicide

We report a case which was processed by the Philadelphia Office of the Medical Examiner in which a person with a previous known suicide attempt clearly provoked the Philadelphia police into shooting him. We believe that this is but one of many such incidents in which the victim provokes another into administering fatal injury. This is a mechanism of suicide which, we believe, is exemplified by the case presented.     

Conceptualizing police professionalism

Police professionalism is a term that has seen wide usage in recent years. However, much confusion has been generated by the distinct and often contradictory usages of the concept. This paper attempts to clarify the concept by examining three competing conceptualizations which have been most frequently subscribed to. Criminal justice researchers have followed sociologists, operational zing professionalism through application of the dimensional approach. Fundamental problems with this approach are discussed as well as specific problems with its’ application to the police. Given the conceptual problems which have plagued the concept of police professionalism, recommendations for future research are made.     

Overstepping police authority

Bernard Harcourt, Language of the Gun: Youth, Crime, and Public Policy Chicago: University of Chicago Press, 2006, xiii + 278 pp.     

Detecting Deception Via Strategic Disclosure of Evidence

Deception detection research has largely neglected an important aspect of many investigations, namely that there often exists evidence against a suspect. This study examined the potentials of timing of evidence disclosure as a deception detection tool. The main prediction was that observers (N = 116) would obtain higher accuracy rates if the evidence against the suspects (N = 58) was presented in a late rather than early stage of the interrogation. This prediction was based on the idea that late evidence disclosure would trigger lack of consistencies between the liars’ stories and the evidence; this could be used as a cue to deception. The main prediction received support. Late disclosure observers obtained an overall accuracy of 61.7%, compared to 42.9% of Early disclosure observers. Deceptive statements were identified with high accuracy (67.6%) in Late disclosure, indicating that the technique in this form is beneficial mainly for pinpointing lies.     

论诈骗罪中的财产损失

在诈骗罪中财产损失的认定标准上,个别财产说存在理论上的缺陷.个别财产说和诈骗罪的保护法益相冲突,使得诈骗罪有保护交易的诚信意思或者社会经济秩序之嫌;该说和行为无价值具有亲近性,不当扩大了诈骗罪的处罚范围;该说难以认定诈骗数额.而且,该说将生活中的欺诈行为和刑法上的诈骗罪混为一谈,使得生活中大量的违背诚信的贸易行为都成为诈骗罪.整体财产说更符合诈骗罪的财产犯罪的特性.在行为人给付对方大致相当对价的财物时,不存在现实的财产损失.欺诈贸易的行为可以通过民事诉讼解决.将诈骗罪中财产损失的认定标准还原为整体财产说,既符合理论的一贯性,也符合司法实际的要求.