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.     

Women Police Officers and the Use of Coercion

Abstract

Despite numerous advances in the last thirty years, women police officers continue to face acceptance issues in a male-dominated occupation. Qualitative accounts of policewomen have noted that many of the integration barriers stem from traditional assumptions about police work, much of which revolves around the cultural mandate to display one's coercive authority over citizens. Female officers are often perceived as unwilling (or lacking in ability) to use coercion when encountering citizens. Unfortunately, little empirical evidence is available to support this claim, as gender studies that specifically examine the use of coercion have tended to focus on excessive force. Using data collected as part of a systematic social observation study in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines both verbal and physical coercion that policewomen use in day-to-day encounters with citizens. The results of this study challenge one of the most fundamental stereotypes levied against women police officers. Contrary to traditional assumptions, female police officers (compared to their male counterparts) are not reluctant to use coercive force, and examinations of both verbal and physical force reveal few differences in not only the prevalence of each behavior, but also in the commonly associated explanatory factors. The article concludes with the implications of these     

The Language of Miranda Warnings in American Jurisdictions: A Replication and Vocabulary Analysis

Miranda warnings are remarkably heterogeneous in their language, length, and content. Past research has focused mostly on individual Miranda warnings. Lacking in generalizability, these studies have limited applicability to both public policy and professional practice. A large-scale survey by R. Rogers et al. [2007b, Law and Human Behavior, 31, 177-192] examined Miranda warnings from across the United States and documented striking differences in the length, content, and reading comprehension. In moving from single jurisdiction studies to nationally representative research, the replication of the Rogers et al. survey is essential. With an additional 385 general Miranda warnings, most of the original findings were confirmed; this replication allows Miranda researchers to use findings based upon nationally-representative warnings for their subsequent research. Beyond reading comprehension, the study makes an original contribution to the understanding of Miranda vocabulary that is often infused with abstruse words and legalistic terms. It provides the first analysis of sentence complexity, which affects both Miranda comprehension and retention. As a result of these analyses, preliminary guidelines are provided for increasing the comprehension and understanding of Miranda warnings.     

促使犯罪嫌疑人态度改变的讯问心理策略

讯问的心理实质是促使犯罪嫌疑人由拒供、谎供到真实供述的态度改变过程。影响犯罪嫌疑人态度改变的因素有认知性因素,情绪情感因素,情景因素,犯罪嫌疑人的人格特征。促使犯罪嫌疑人态度改变的心理策略有,正确利用恐惧唤醒,恰当使用单面或双面证据,合理利用首因与近因效应,有效组织不同层次的说服信息,建立与犯罪嫌疑人的可沟通的关系,设计讯问场所与营造讯问气氛。     

“讯”与“供”：传统侦查中诉讼角色的互动——以中国传统“拷讯”制度为中心的展开

在中国传统侦查中,“讯”与“供”构成一对相反相成的共同体,传统侦查人员、犯罪嫌疑人、被害人、证人等不同诉讼角色参与其间,在不断的互动中完成传统侦查的中心任务——查明案情、收集证据和捕获犯罪嫌疑人。传统侦查奉行“有罪推定”、“无供不录罪”,对“供”的高度关注使得“讯”获得了巨大的生存和发展的空间,犯罪嫌疑人、被害人和证人动辄遭侦查人员的拷讯,刑讯制度渐臻发达。中国传统法律规定了拷讯的对象、使用条件和具体运作,并且也规定了对违制拷讯行为的惩戒机制,但并没有阻却传统侦查实践中肆虐的违制拷讯。     

Perceptions About Changing the MirandaWarnings Among Police Chiefs

Abstract

A number of studies have considered whether the race of a police officer influences police decision-making processes. The current study assesses whether a police chief's race influences perceptions about the Mirandawarnings. Police chiefs from the Commonwealth of Virginia completed questionnaires assessing various aspects about the Mirandawarnings when the fate of the warnings was to be determined by the Supreme Court. Results suggest that race only moderately influenced chiefs' perceptions. Implications are provided.     

中国古代刑讯制度及其评析

刑讯作为野蛮的“刑”与文明的“讯”结合而成的取证方法,在中国古代延续了两千余年,这一方面反映了其不足之处,另一方面却又足以说明了其价值所在。因此,不顾其存在的客观历史奈件而简单地对其功过一概否定或者肯定的观点都是值得商榷的。本文从中国古代刑讯制度的沿革入手,就古代中国刑讯制度化、法律化的形成、原因、特点等诸多相关问题予以了阐述,目的在于客观地评价中国古代的刑讯制度,从而扬“讯”之长,避“刑”之短,以完善今天的证据制度。     

中国古代刑讯制度及其评析

刑讯作为野蛮的刑与文明的讯结合而成的取证方法,在中国古代延续了两千余年,这一方面反映了其不足之处,另一方面却又足以说明了其价值所在。因此,不顾其存在的客观历史条件而简单地对其功过一概否定或者肯定的观点都是值得商榷的。本文从中国古代刑讯制度的沿革入手,就古代中国刑讯制度化、法律化的形成、原因、特点等诸多相关问题予以了阐述,目的在于客观地评价中国古代的刑讯制度,从而扬讯之长,避刑之短,以完善今天的证据制度。     

Men’s Partner-Directed Insults and Sexual Coercion in Intimate Relationships

Women who have been sexually coerced by an intimate partner experience many negative health consequences. Recent research has focused on predicting this sexual coercion. In two studies, we investigated the relationship between men’s use of partner-directed insults and sexually coercive behaviors in the context of intimate relationships. Study 1 secured self-reports from 247 men on the Partner-Directed Insults Scale and the Sexual Coercion in Intimate Relationships Scale. Study 2 obtained partner-reports from 378 women on the same measures. Across both studies, results indicate that men’s use of sexually coercive behaviors can be statistically predicted by the frequency and content of the insults that men direct at their intimate partner. Insults derogating a partner’s value as a person and accusing a partner of sexual infidelity were most useful in predicting sexual coercion. The discussion notes limitations of the current research and highlights directions for future research.     

Violence and Sexual Coercion in High School Students' Dating Relationships

A review of the dating violence literature reveals a limited number of studies with high school students and few studies that investigate the contextual issues of violence, such as meaning, motivation, and consequences. The present study sought to investigate the extent of dating violence victimization in a New Zealand sample of senior high school students (aged 16 to 18 years) and the perceived reasons for the violence, emotional effects, disclosure of the violence, and relationship consequences. A questionnaire that contained both open-ended and forced-choice items pertaining to experiences of violence and its consequences was developed using material gathered from focus group discussions with high school students. Findings showed gender similarity in the extent of violence and a number of significant gender differences in the aftermath of violence, particularly in the area of sexual coercion. These findings are discussed in the context of future research and prevention of dating violence.     

The prosecutor's interview with suspects in South Korea

South Korean criminal trials heavily depend on the investigation dossier written by prosecutor. The judges do no more than confirm evidence in the prosecutor's interview documents. This leads to a conviction rate exceeding 99 per cent, which is one of the highest in the world. The study aims to explore the reliability of such prosecutorial interview documents and the problems caused by criminal trials depending on them. This is based on a semi-structured interview of 20 legal professionals. Prosecutors' written interview records cannot help to regulate the risk of abuse as they provide the court with quite limited and skewed information. The criminal justice system should amend the evidentiary impact of the prosecutorial interview records. Instead, it should establish a number of appropriate safeguards to protect suspects against false confessions.     

英美刑法辩护理由中的“胁迫”及其启示

胁迫是英美法系各国刑法普遍承认的一种犯罪辩护理由。传统意义的胁迫是指胁迫者以紧迫的死亡或严重伤害身体相威胁,迫使行为人实施某种被刑法禁止的行为。胁迫是一种犯罪的可宽恕事由,其根据在于,当一个人面临一般人都无法抗拒的严重威胁,主观上难以作出合法的选择时,缺乏刑事归责的可能性。我国刑法中没有胁迫的概念,司法中按照紧急避险处理被胁迫犯罪案件,这既不符合被胁迫犯罪的本质,也限制了胁迫的适用范围。我国刑法应当引入胁迫的概念,将其视为一种独立的阻却责任事由。我国刑法对胁迫的适用,应当采取形式与实质相结合的标准。胁迫不能适用于故意杀人犯罪。     

试论警察盘查权与人权保障

警察盘查权包括当场盘问权和检查权和继续盘问权,其中,当场盘查是任意性行政措施,继续盘问为强制性行政措施.警察盘问权是一种由警察在没有中立机关干预下随机实施的一项措施,决定了自由裁量权较常态下要大的多,导致了侵犯人权现象比较突出,主要表现为经常使用拉网式的盘查,盘查执法随意性过大,对盘查理解偏狭和滥用盘查权.因此,必须进一步改造盘查权,对盘查的对象、时间、继续盘查的地点严格限制,将盘查纳入刑事检察监督的视野,提高警察素质,加强人权教育,严格依法办案,在打击违法犯罪、维护社会秩序和切实保障公民人权方面寻求最佳结合点.     

论英国警察讯问较的发展

英国警察最初与普通公民一样,基本上不具有对犯罪嫌疑人的讯问权。司法判例以及20世纪前期发展的法官规则认可了事实上存在的警察讯问权并确立了基本的适用规则。由普通法调整的状况持续到20世纪80年代,制定法在规范警察讯问程序的同时也在一定程度上对公民的沉默权予以限制。警察讯问权总体上不断扩张,在这个过程中,普通法和制定法都努力保持警察侦查权与公民权利之间的平衡。     

法治视野下我国刑事审讯程序的反思与改革

刑讯逼供等非法取证行为早已为现代国家所诟病。在我国,刑讯逼供已经成了一个“不可忽视”的问题。在法治理念下审讯程序包含了无罪推定原则、嫌疑人享有反对强迫自证其罪特权和沉默权和审讯手段文明化、人道化等内容。我国应在一定程度上借鉴现代法治国家设计的正当化审讯程序,这对于正在实施“依法治国”方略的中国而言,无疑具有相当的价值。我国的审讯程序应当从确立无罪推定原则、赋予犯罪嫌疑人沉默权等方面逐步、渐进地予以改革。     

Coercion,competence, and consent in offenders with personality disorder

Competence to consent to treatment has not previously been examined in a personality disorder cohort without comorbid mental disorder. We examined competence and coercion in 174 individuals diagnosed with severe personality disorder using two validated tools (the MacArthur Competence Assessment Tool for Treatment and the MacArthur Coercion Assessment Scale – Short Form). Competence was not categorically impaired, but there were variations within the sample on dimensional competence measures. Further, there were significant negative correlations between experienced coercion and competence. Higher coercion scores were associated with two components of competence: lower understanding and reasoning. Patients who consented to treatment had higher scores on competence measures and experienced less coercion. These findings suggest that therapeutic approaches that decrease experienced coercion and increase competence may increase the engagement of individuals diagnosed with severe personality disorders in treatment.     

Knowing and Intelligent: A Study of Miranda Warnings in Mentally Disordered Defendants

A conservative estimate is that 695,000 mentally disordered offenders are arrested and Mirandized annually in the United States. Past research has focused almost exclusively on cognitive factors affecting the comprehension of Miranda rights. The current study broadens the scope by including diagnostic variables and by extending the investigation to basic elements of Miranda reasoning. A sample of 107 mentally disordered defendants was administered two research measures, the Miranda Statements Scale (MSS) and Miranda Rights Scale (MRS), in addition to standardized tests. Most defendants lacked good comprehension of all but the simplest (Flesch-Kincaid<6th grade) Miranda warnings. Defendants with the poorest understanding (i.e., comprehending about 25% of the warnings) had marked deficits in multiple domains including cognitive abilities (intelligence and comprehension) and general adjustment. Different background and clinical variables predicted defendants' abilities to generate reasons either to exercise or waive their Miranda rights.     

暴力袭警案件发生的原因及其预防对策

现在袭警现象频发、社会治安严峻,应从社会治安、执法现状、立法概况、自身素质、心理防范等方面分析暴力袭警的深层次原因,采取综合措施预防和遏制暴力袭警案件发生。