系列杀人案件的成因、特点及侦查对策

发生系列杀人案件的原因取决于作案人的犯罪心理,谋财害命、报复杀人、滥杀无辜和杀人灭口是导致系列杀人案件的主要成因。系列杀人案件的特点体现在作案人的行为特征、作案人的个性特征和犯罪现场的痕迹物证三个方面。在侦查过程中,应引进利用“软件”串并案件的理念以拓展串并案途径,过细勘查犯罪现场,建立失踪人口管理机制以及时发现和串并系列杀人隐案,严格遵循公安部“侦破系列杀人案件工作机制”的要求规范侦查工作,引入和加强犯罪心理画像、犯罪现场重建和辩证侦查思维等现代侦查和取证方法。     

Holmes, Langdell and Formalism

Both Holmes and Langdell believed that science was the model for all human inquiry and the source of all human progress. Langdell was influenced by an unsophisticated scientism, which led him to attempt to identify the true meaning of legal doctrines. Holmes was influenced by the sophisticated positivism of John Stuart Mill, which led him to attempt to reduce legal rules and doctrines to scientific laws of antecedence and consequence, justified only by their social consequences. Both Holmes and Langdell concluded that judges ought to decide a case by applying the rules established by precedent, without appeal to any special claims of justice and without appeal to any higher-order normative principle.     

Cross‐Cultural Comparison of Two Serial Sexual Murder Series in Italy and the United States

Abstract: There have been few documented comparisons of serial murder cases committed in the United States with cases occurring internationally. The authors contrasted two unique serial murder series: one in Italy and one in the United States by examining the details of both series, including the M.O., motivation, crime scene interactions, sexual acts performed, and the general backgrounds of both offenders. The comparison revealed a number of similarities. Both offenders specifically targeted elderly women, who were attacked in their residences. The two series involved sexually motivated crimes, although the sexual interactions were different. Both offenders stole objects from their victims after the murders and each kept newspaper accounts of their crimes. In addition, both offenders claimed to have abusive upbringings, including sexual abuse.     

Birchall and Benwell. Murder in a Canadian swamp

On 21 February 1890, two woodsmen working in densely wooded Blenheim Swamp in southern Ontario, Canada, stumbled upon the dead body of a young Englishman who had been killed by two gunshot wounds to the head. He was identified as Frederick Benwell by a married couple, the Birchalls, who had traveled with him and another man, Pelly, from England to New York City by ship about 1 week before. The Birchalls lied regarding Benwell's subsequent movements. Questioning Pelly revealed to Detective John Murray that both Pelly and Benwell had replied separately to Birchall's advertisement for young men of means to become partners with him in a large Canadian farm, a deposit first being required. Birchall had been observed taking Benwell from Buffalo, New York, to Blenheim Swamp, for in reality there was no farm. There he had shot Benwell, leaving the body partially exposed. He then tried unsuccessfully to lure Pelly to his death in Niagara Falls. The Birchalls were arrested. Reginald Birchall was tried, convicted, and hanged. His attempt, including murder, to turn the so-called farm pupil colonization scheme to his own benefit had been frustrated by the dogged work of the master Canadian detective Murray.     

Murder, Nonnegligent Manslaughter, and Spatial Autocorrelation in Mid-South Counties

In this paper we explore to what extent county murder and nonnegligentmanslaughter rates in the midsouth are spatially autocorrelated, usinga variety of spatial autocorrelation tests. The data are 3-year averages ofUCR murder and nonnegligent manslaughter rates from the 383 midsouthcounties. Moran's I statistics show a statistically significant amountof spatial autocorrelation in the murder and nonnegligent manslaughter ratesamong the 383 midsouth counties. G statistics, however, fail to detect aglobal pattern in this region. We also compute G_i statistics and localMoran's I statistics with these data and detect some patterns oflocalized spatial autocorrelation. We estimated and compared an MLE spatiallag model and an OLS model with constructs informed by socialdisorganization theory. The regression analysis failed to detect anysignificant spatial effects for the midsouth counties.     

Murder, Extramarital Affairs, and the Issue of Probative Value

A paper previously published in Law and Human Behavior by D. Davis and W. C. Follette (2002) argued that certain "profiling" characteristics commonly admitted into court have little or no probative value. They argued that this is especially likely to be true when the characteristic used as evidence (e.g., having an extramarital affair) is rather common in the population whereas the act in question (e.g., a man murdering his wife) is rare. Their analysis has prompted a strong response by Friedman and Park and by Kaye and Koehler with a rejoinder by Davis and Follette (all three follow this paper in this issue of Law and Human Behavior). This paper describes some of the nature of this controversy.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Severe Mental Illness,Somatic Delusions,and Attempted Mass Murder

A case of an attempted mass shooting at a large psychiatric hospital in the United States by a 30‐year‐old male with severe mental illness, somatic delusions, and exceptional access to healthcare professionals is reported. Six persons were shot, one died at the scene, and the shooter was then killed by the police. Data were gathered from court documents and media accounts. An analysis of the shooter's psychiatric history, his interactions with healthcare professionals, and communications prior to the shooting suggest a rare form of mass murder, a random attack by a documented psychotic and delusional individual suffering with somatic delusions. Despite his being psychotic, the killer planned the attack and made a direct threat 1 month prior to the shootings. This case highlights problems with the healthcare system, indicating that it might be ill equipped to appropriately deal with severe mental illness.     

John M. Conley and William M. O'Barr,Just Words: Law,Language, and Power

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

M.N. Schmitt,Essays on Law and War at the Fault Lines,T.M.C. Asser Press,The Hague 2012, xii + 637 pp. ISBN 978-90-6704-739-5.

Netherlands International Law Review -     

Victims' Rights, Victims' Expectations, and Law Enforcement Workers' Constraints in Cases of Murder

Research on crime victims and their experiences with the criminal justice system suggests that victims' rights (e.g., victim impact statements) and victims' services (e.g., crime victims' compensation, counseling) have not significantly improved victims' satisfaction with the criminal justice system or their recovery from the crime. Thus, we appear to know little about how to satisfy and assist victims of crime. This study uses the symbolic interactionist perspective to examine victims' experiences with law enforcement workers (e.g., detectives, counselors) with a focus on people who have lost a loved one to murder ("bereaved victims"). The data come from in-depth interviews with thirty-two bereaved victims, seven law enforcement workers, and three crime victims' advocates in Union County (pseudonym). Bereaved victims define the victim role differently from law enforcement workers, creating two main points of conflict with workers: (1) a conflict over their deceased loved one's body, and (2) a conflict over the flow of information in the case. Bereaved victims' frustrations over these conflicts created problems for their recovery. Bereaved victims' efforts to see their deceased loved one's body, guide detectives' investigation, and learn information about the murder and the investigation took a back seat to detectives' interests in protecting the integrity of the investigation and building a strong case for the prosecution. Policy implications are discussed.