精神分裂症的凶杀问题分析

<正> 我处1977～1986年的精神病司法鉴定案例中,精神分裂症占15例,其中凶杀10例,占66.7％。1983年哈尔滨第一专科医院统计,凶杀案例占精神分裂症的51.9％;1981年上海市精神病防治院的报告为36.2％;说明精神分裂症对社会治安的影响,既常见,也最严重,本文就其中10例凶杀案件分析如下:     

精神分裂症患者病理性“正当防卫”行为的研究

目的探讨病理性防卫对精神分裂症患者凶杀行为的影响及相关犯罪学的特征。方法以61例具有病理性防卫行为的精神分裂症患者凶杀案为研究组,以73例无病理性防卫行为的精神分裂症患者凶杀案为对照组,采用犯罪学调查表进行调查分析。结果具有病理性防卫行为的精神分裂症患者凶杀案中幻觉（χ2=5.69,P〈0.05）及被害妄想（χ2=28.87,P〈0.01）多见;作案动机以病理动机突出（χ2=50.22,P〈0.01）,很少出现现实动机（χ2=15.57,P〈0.01）,案发时行为的紧迫性十分明显（χ2=63.17,P〈0.01）;刑事责任能力评定为无责任能力者明显多于对照组（χ2=16.12,P〈0.01）;疾病诊治情况,研究组未经诊治情况较多见（χ2=5.09,P〈0.05）。结论病理性防卫与正当防卫理论存在某些相同点,在具有病理性防卫行为的凶杀案中,借鉴正当防卫理论,对评定刑事责任能力具有一定的参考价值。     

38例精神分裂症患者凶杀行为研究

目的　探讨精神分裂症患者的凶杀犯罪行为各个方面的特点。　方法　对 38例具有凶杀行为的精神分裂症患者 ,在心理学、生理学、社会学等各方面进行实例分析。　结果　这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异。　结论　应加强对精神分裂症患者的诊治 ,普及精神卫生的知识 ,从而预防、控制犯罪。     

38例精神分裂症患者凶杀行为研究

目的探讨精神分裂症患者的凶杀犯罪行为各个方面的特点. 方法对38例具有凶杀行为的精神分裂症患者,在心理学、生理学、社会学等各方面进行实例分析. 结果这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异. 结论应加强对精神分裂症患者的诊治,普及精神卫生的知识,从而预防、控制犯罪.     

38例精神分裂症患儿凶杀行为研究

目的：探讨精神分裂症患者的凶杀犯罪行为各个方面的特点。方法：对38例具有凶杀行为的精神分裂症患者，在心理学，生理学，社会学等各方面进行实例分析。结果：这些患者在犯罪动机，行为特点，犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异，结论：就加强对精神分裂症患者的诊治，普及精神卫生的知识，从而预防，控制犯罪。     

精神病患者与非精神病人凶杀特征对比分析

本文随机抽取1984-1995年徐州市鉴定过致人死亡的精神病患者47例，同期已判决的非精神病人凶杀案54例，就其凶杀特征进行对比分析．结果发现精神病患者凶杀案的被害对象多为配偶、至亲，突发犯意、病理性动机引发，方式奇特、手段凶残、过剩杀人、自我保护差等．而在杀人时间、地点及方式等与非精神病人凶杀案件比较无明显差异．     

影响精神分裂症患者行凶杀人的因素——附47例分析

精神分裂症的犯罪问题日益受到人们的重视。据报道,国内外精神疾病司法鉴定案例中均以精神分裂症最多见,占44.9～72.1％,其中杀人行为约占1/3而居本症案由的首位。在精神病凶杀案例中亦以本症的比例最高,占50～68.5％。     

精神分裂症者凶杀行为特征与其刑事责任能力相关性

目的探讨精神分裂症者凶杀行为特征及影响刑事责任能力评定的因素。方法自制调查表收集并比较经司法鉴定为具有凶杀行为的精神分裂症嫌疑人(n=110)与具有凶杀行为的无精神病者(n=70)的一般人口学资料、临床资料、作案行为特征、刑事责任能力等指标,并采用Logistic回归分析法探讨影响精神分裂症嫌疑人刑事责任能力的相关因素。结果精神分裂症组和无精神病组在年龄、性别、文化程度、婚姻状态方面差异无统计学意义(P0.05),两组在案发前思维障碍、情绪状态、社会功能等疾病相关因素方面差异均存在统计学意义(P0.05),并在攻击行为史、作案先兆、诱因、预谋、作案动机、作案对象、环境辨认、自我保护等一些与案情有关的特点上存在差异(均P0.05)。多因素Logistic回归分析显示,精神分裂症组的刑事责任能力与案发前思维障碍、情绪状态、社会功能、动机、预谋、自我保护性等因素有关(P0.05)。结论为提高对具有凶杀行为的精神分裂症嫌疑人刑事责任能力评定的准确性,应综合考虑相关精神病理因素及作案特征的影响。     

210例司法精神病学鉴定案例分析

作者对210例司法精神病学鉴定案例进行分析。该组刑事案例以凶杀居首位,被鉴定人以患精神分裂症为多。鉴定结论评为无责任能力者占41.6％。案件中受害者以精神发育迟缓、正处于发病期的精神分裂症或情感性精神病的女性患者(78.4％)被奸污为多。经随访司法部门的最后处理结果和我们的鉴定结论意见较为一致。     

具有凶杀行为的抑郁症与精神分裂症患者的作案特征对比

目的探讨抑郁症与精神分裂症患者凶杀行为司法精神病学鉴定的作案特征。方法将具有凶杀行为的抑郁症(抑郁发作)患者为研究组,共40例;随机抽取具有凶杀行为的精神分裂症患者为对照组,共50例。自制调查表收集两组的一般人口学资料、作案特征等相关数据,并进行比较。结果研究组和对照组的年龄、接受教育时间、职业差异均无统计学意义(P0.05)。与对照组相比,研究组被害对象多为子女和父母,在杀人后多有自杀行为(70%),凶杀原因以扩大性和间接性自杀为主,以往多有自杀未遂(85%)。研究组以限制刑事责任能力者为主(70%),对照组以无刑事责任能力者为主(56%)。除案发地点外,其他作案特征两组比较差异均有统计学意义(P0.05)。结论抑郁症与精神分裂症患者凶杀行为司法精神病鉴定的作案特征存在不同,精神病司法鉴定中应需在鉴别诊断时加以考虑。     

Medicolegal aspects of witnessed suicide due to gunshot to the head. Part 1: Circumstances and psychopathology

In the USA the frequency of witnessed suicide, i.e. suicide committed in the presence of at least one further individual, is reported to range between 5 and 15%. As up to now no detailed analysis of this special issue has been given in the medicolegal literature, this article presents and discusses a number of cases including 8 males and 1 female (age 19-58 years, mean 41.2 years) who had all committed suicide by inflicting a gunshot to the head. In 3 cases post-mortem blood alcohol concentrations of 1.73, 1.88 and 2.23 g/kg respectively were observed. Toxicological tests produced negative results. 5 cases had a medical history of psychiatric disorder with endogenous depression in 3, chronic alcohol abuse and drug abuse with concomitant psychosis in one case each. As far as the motives were known, domestic arguments were of prevailing importance. With one exception the suicides were committed at home. In 6 cases one witness was present, in 2 cases 2 individuals and in one case 22 persons witnessed the suicide. The reported cases are discussed in comparison with the psychiatric-psychological classification according to McDowell et al. with the aim to provide a solid and comprehensive medicolegal method to distinguish between homicide and suicide. Furthermore aspects of psychiatric sequelae and psychological support of the witnesses, which are also of importance for the forensic pathologist called to the scene, are discussed.     

Motives for maternal filicide: results from a study with female forensic patients

The objective of this study was to examine different motivational factors, leading mothers to commit neonaticidal, infanticidal or filicidal acts. This study was based on data gathered through a retrospective chart review of all filicidal women admitted to the Mid-Hudson Forensic Psychiatric Hospital in New York State (MHFPC) between 1976 and 2000 (n=57). Because our sample was drawn from MHFPC records it excludes filicidal mothers who went directly to prison. Our women were either found not competent to stand trial, or found not guilty by reason of insanity, or were convicted offenders who were seriously mentally ill and were not sent to prison. Fourteen percent committed neonaticide, meaning that they killed their child within the first day of its life; 21% killed the child after the first day but before it reached its first birthday (infanticide); and 65% committed filicide by murdering a child older than one. Two groups of women could be identified as having different motivational profiles: The neonaticidal mothers were mostly troubled by psychosis and social problems while the filicidal women were defined as severely depressed, with a history of self-directed violence and a high rate of suicide attempts following the filicidal offense.     

Maternal Filicide in Turkey

Filicide occurs in every socioeconomic stratum around the world. This study was conducted to evaluate motives, psychopathological aspects, and socio-demographic factors of 74 filicide cases of women in Turkey. Mean age of mothers, most of whom committed infanticide, was 26 years, and breakdown of criminal offenses are as follows: “to get rid of unwanted babies” (24.3%), “acute psychotic-type filicide” (21.6%), “fatal child abuse and neglect” (17.6%), “to get revenge” (12.2%), “protect the lonely child from the harm and badness after suicide” (10.8%), and “pity” (9.5%) motives. Results showed that maternal filicide cannot be reduced to only mental instability or environmental factors and indicates deficiencies in the capacity of the mothers' role in connecting with their child and with parenting skills. Finally, with regard to defendants' motives, similar factors that contribute to committing maternal filicide should be considered while making an assessment of the data and determining employee risk groups.     

Examining the relationship between childhood animal cruelty motives and recurrent adult violent crimes toward humans

Few researchers have studied the predictive ability of childhood animal cruelty motives as they are associated with later recurrent violence toward humans. Based on a sample of 180 inmates at one medium- and one maximum-security prison in a Southern state, the present study examines the relationship among several retrospectively identified motives (fun, out of anger, hate for the animal, and imitation) for childhood animal cruelty and the later commission of violent crimes (murder, rape, assault, and robbery) against humans. Almost two thirds of the inmates reported engaging in childhood animal cruelty for fun, whereas almost one fourth reported being motivated either out of anger or imitation. Only one fifth of the respondents reported they had committed acts of animal cruelty because they hated the animal. Regression analyses revealed that recurrent animal cruelty was the only statistically significant variable in the model. Respondents who had committed recurrent childhood animal cruelty were more likely to have had committed recurrent adult violence toward humans. None of the motives for committing childhood animal cruelty had any effect on later violence against humans.     

Police officers who commit suicide by cop: a clinical study with analysis

Suicide by cop has become a familiar topic among members of law enforcement, mental health professionals, and the general public. This paper presents two cases where police officers chose to commit suicide by getting other police officers to kill them. The two police officers studied, by examination of closed case files, were found to be similar to civilians who committed suicide by cop on several demographic (gender, age, history of mental illness, and suicide attempts), and situational (stress factors, trigger) variables. The cases help us to understand possible motives and management for individuals who choose to end their life in this manner.     

Alleged police ill-treatment of non-political detainees in the Basque Country (Spain). Prevalence and associated factors

Epidemiological studies of ill-treatment and torture are difficult to carry out and are usually based on people arrested for political motives. The object of this prospective study was to document the prevalence of allegations of ill-treatment/torture in a sample of detainees who were arrested for non-political motives in the Basque Country (Spain). The influence of demographic and criminological variables was evaluated. A total of 837 interviews and medical-forensic examinations of 578 detainees were analyzed with a modified version of the protocol established by the Rehabilitation and Research Centre for Torture Victims (IRCT/RCT). Alleged ill-treatment occurred with a frequency of 13.3% in 99 subjects, with few cases being considered as torture in the strict sense. The most frequent methods included: coercion (6.8%), deprivation (6.0%) and physical ill-treatment (4.3%). The variables significantly associated with ill-treatment were national/ethnic identity and the type of offence committed by the detainee. A higher frequency of ill-treatment, together with longer periods of detention were observed among foreign detainees. The results contrast with those reported in a study of political detainees in the same region, in which complex and intensive torture methods were reported to be more habitual. In conclusion, this study underlines the importance of further developing preventative methods in order to reduce the occurrence of violations of human rights during periods of detention.     

THE MISPLACED ROLE OF RATIONAL CHOICE IN NEUTRALIZATION THEORY

This study addresses one point in neutralization theory. It is often maintained that techniques of neutralization relieve moral constraints which allow for individuals to commit delinquent behavior. Drawing on the body of knowledge concerning vocabularies of motives, it is argued here that motives in deviancy theory should not be viewed in such positivist/causal terms. Techniques of neutralization are motives which are more accurately utilized after behavior is committed and only when such behavior is called into question. It is also argued that the use of motives and the types of motives should indicate the degree of conflict involved in the question situation.     

Adolescent homicides in Finland: offence and offender characteristics

Approximately 9% of the homicides in Finland are committed by adolescents under 20 years of age. The purpose of this study was to investigate the offence and offender characteristics in homicidal adolescents. Forensic psychiatric evaluation statements of adolescent offenders accused of a homicide during 1990-2001 were reviewed retrospectively (n=57). In 38% of the cases, there were multiple offenders. In 58% of the cases, the victim was an acquaintance, in 25% a stranger, in 12% a family member and in 5% of the cases an (ex)intimate partner. Sixty-nine percent of the offenders were intoxicated and 21% under the influence of drugs at the time of the killing. The most frequent motives were an argument (25%) and a robbery (25%). Sixty-four percent of the offenders had developmental problems and 42% had a crime history. Approximately half were diagnosed as having a conduct or a personality disorder, but 32% of the offenders were considered not to suffer from a mental illness or substance abuse. For 63%, the level of intellectual functioning was average or above average. There were signs of more than one form of violence in 54% of the cases and 28% of the cases contained excessive violence. The use of multiple and excessive violence was significantly related to the offender age, multiple offenders, offender-victim relationship and substance abuse, but not related to having developmental problems, crime history or mental illness.     

Intimate partner homicide,immigration and citizenship: evidence from Norway 1990–2012

Intimate partner homicides (IPH) are fatal violent attacks perpetrated by intimate partners. Immigrants are overrepresented in the IPH statistics as both perpetrators and victims. If explanatory factors for this are not studied, immigrants may be stigmatized. The present study investigates whether IPHs committed by immigrant perpetrators have characteristics that differentiate them from IPHs committed by the native majority of IPH perpetrators. All IPHs in Norway from 1990 to 2012 (N = 177) were included. Quantitative data were extracted through structured investigation of court documents. Information concerning risk factors (previous intimate partner violence and sociodemographic, contextual and clinical factors) was drawn from three validated risk assessment instruments. Univariate analysis and multivariate logistic regression analyses were conducted. When adjusted for other group differences, very few differences remained in the multivariate models. IPHs perpetrated by immigrants differed from cases with native perpetrators on modus operandi and ascribed motives and resulted in longer sentences than IPHs with native perpetrators. This study indicates considerable similarities in IPHs perpetrated by immigrants and natives. Findings indicating that IPHs by immigrants were perceived differently in the justice system need further investigation.     

Approaches to the improvement of forensic medical expertise in the cases of sexual crimes and doubtful gender status

The authors analyzed the results of the forensic medical expertise of the cases of sexual assaults and covert sexual abuse. Special attention is given to the peculiarities of forensic-medical expertise in the cases of veneral diseases and HIV-infection, injuries to sexual organs in women and men. The specific approaches to the examination of corpses in the cases of atypical sexual behavior or a murder supposedly committed for sexual motives are considered.