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1.
This article approaches a position of delving into the thoughts of those who commit murder serially. The information comes from a variety of sources which include research literature, theory examination and most importantly, serial murderers themselves. More than 400 cases of serial fatal violence as well as interviews with incarcerated serial killers were utilized. Important issues such as locus of motives, expected gains, victim selection processes, planning of the event, the murder event itself, and organization and disorganization of the kill are also discussed. While admitting that serial killers have never been rehabilitated, a call is directed toward a better understanding of the mind of the serial murderer.  相似文献   

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There is substantial evidence that individuals with schizophrenia are at increased risk for violent criminal behavior and an even higher risk for committing murder, relative to the general population. Neuropsychological features of seven schizophrenic men who murdered family members were compared to neuropsychological features of seven schizophrenic men with no history of violence, criminal offenses or antisocial behavior. The two groups were matched for age, education, race, gender, handedness, and diagnosis, and had similar psychotic symptom profiles and substance abuse histories. The schizophrenic murderers demonstrated significantly worse neuropsychological impairment, involving executive dysfunction and memory dysfunction, relative to nonviolent schizophrenic men. Implications include: (1) specific neuropsychological deficits may increase the likelihood of some schizophrenic men to murder family members due to an impaired capacity to inhibit impulsive violent aggression; (2) neuropsychological status of schizophrenic defendants who commit domestic homicide should be considered by the trier-of-fact when they are tried for murder.  相似文献   

4.
Despite the fact that serial murder has existed for centuries, it has been given little academic attention in the social science literature. Existing studies have primarily examined the motivational factors involved in the commission of serial murder. However, research examining the childhood and adolescent backgrounds of serial murderers is scant. Based on three case studies of serial murderers, this study contributes to the existing literature by exploring the possible link between childhood and/or adolescent fire setting and adult serial murder by applying social learning theory.  相似文献   

5.
Popular ideas concerning serial murder see these killings as an act committed by a deranged or irrational individual. This article contends that this is not the case, but that the killer is behaving in a manner which makes sense and is logical to the killer and is a response to some perceived wrong. The process through which this reponse occurs is detailed. The conclusion suggests that if serial murder is indeed a learned response then this response can be “unlearned” and the serial murderer can be restored to again function within society.  相似文献   

6.
Sexual predators represent the embodiment of the cultural definition of serial killing. In considering the female sexual predator serial killer, a review of the limited literature found a clear distinction between women acting alone versus in partnership. Several theories offered to explain the behavior of women in teams include shared psychotic disorder, Stockholm syndrome, posttraumatic stress disorder (PTSD), battered woman syndrome, and gender role socialization. Analysis of each with specific case examples found that gender role socialization appeared to be the most inclusive, explaining the participation of women in teams, as well as providing insight into both the criminal justice system and overall societal responses to female serial killers, as well as violent women more generally. The analysis concludes by describing the implications of the above speculations within the realms of prevention, treatment, and research, specifically concluding that women can commit willful violence and that low base rates should not impede attempts to understand and prevent such violence.  相似文献   

7.
Scholars have endeavored to study the motivation and causality behind serial murder by researching biological, psychological, and sociological variables. Some of these studies have provided support for the relationship between these variables and serial murder. However, the study of serial murder continues to be an exploratory rather than explanatory research topic. This article examines the possible link between serial killers and military service. Citing previous research using social learning theory for the study of murder, this article explores how potential serial killers learn to reinforce violence, aggression, and murder in military boot camps. As with other variables considered in serial killer research, military experience alone cannot account for all cases of serial murder. Future research should continue to examine this possible link.  相似文献   

8.
The purpose of the current study was to examine the nature and prevalence of violent offending by females. Using National Incident-Based Reporting System (NIBRS) data from 1998, this study examined the relationship between cooffending and type of offense as well as the type of weapon(s) used during violent incidents and the race of the perpetrators. The findings suggest that females are more likely to be involved in aggravated assaults compared with robberies and murder or nonnegligent manslaughter. This is particularly true for females who commit their violent crimes alone. When females cooffend with other females or males, however, they are more likely to commit robberies. Overall females are more likely to be involved in violent incidents where either personal weapons or knives are used. When females cooffend with males, however, more likely to be involved in incidents with guns. Finally, the current study found that Black females were more likely to commit violent offenses with other females, whereas White females were more likely to commit violent offenses with males.  相似文献   

9.
In the context of the global information age, cases concerning the provision of technical assistance to commit cybercrimes are growing in leaps and bounds and a brand-new crime-as-a-service industry is beginning to take shape. German criminal law addresses this issue in the context of joint commission theory and individual incrimination as complementary, whereas the Chinese model, by contrast, has made marked progress in the fight against cyber aiding by introducing new criminal provisions. The change of cyber-aiding indeed represents a significant challenge to current criminal legislation and consideration of its criminal countermeasures is indispensably significant.  相似文献   

10.
This paper examines (1) the relationship between drug involvement among inner-city youths and the commission of other kinds of crime, (2) the role of drug use in crime commission, (3) the connection between crime and drug procurement, and (4) the factors that distinguish between individuals as a function of (a) levels of involvement in drug trafficking and (b) drug usage and criminal activity. Drug use and trafficking were both related to other criminal activities; the type of drug involvement was related to the type of crimes reported. The heaviest users were significantly more likely than nonusers to commit property crimes and drug traffickers were significantly more likely to commit crimes against persons than were respondents who did not sell drugs. Adolescents who used and sold drugs were the most likely to commit crimes against persons and property, and at the greatest rate. Still, for every type of crime reported in the past year, only a minority of offenders reported ever using drugs while committing the crime or said that they committed any type of crime in order to obtain drugs or money to obtain drugs. Most youths appear to commit crime for reasons completely independent of drugs.  相似文献   

11.
This paper speculates that due to antiquated criminal predator identification that the courts render less prison time to predators who continually commit abominable forms of crime than to first time violent offenders who were controversially convicted of the crime of murder. A sample of 89 respondents includes 61 males and 28 females incarcerated in high custody penitentiaries. The findings show that many predators are rarely charged and/or convicted of heinous predatory acts consequently their prison sentences averaged an eight year confinement as compared to nonpredators with an average of 25 years to life, often without parole. The hypothesis was supported and a criminal offender classification was created to explain various offender profiles. One implication of this finding is that methods of crime control including criminal profiles are inadequate to deal with one of America's worst problems—predatory attacks. An assumption that arises from this implication is that crime control is linked to popular myths produced by the media and therefore predators largely go unchecked. Further research should be concluded to determine efficient methods of intervention for various categories of predators.  相似文献   

12.
Most industrialised countries are concerned with a perceived increase in the killing of children and adolescents by strangers. Though reliable statistics are lacking, the growth of serial murder suggests that more young persons may be at risk than ever before. Explanations, either of a psychological or sociological kind, of child murder by strangers are inadequately developed. Despite the tendency to see such killers as psychiatrically ill a number of studies suggest that the majority of offenders do not differ significantly, at least in psychological traits, from non-offenders. Subcultural and other sociological perspectives stressing "social disadvantage" have low levels of exploratory power and do not assist greatly in understanding child killings. Despite sketchy and contradictory evidence on the effects of the media on sexual and violent crime case study material supports the view that pornography, including popular music, may increase the propensity of individuals to commit atrocities. Counter-measures to control stranger child killing lie in more sophisticated law enforcement (profiling and computer links between police forces) long periods of incarceration of the offender and more sophisticated analyses of the crimes.  相似文献   

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Clues derived from the locations connected to violent repeat criminal offenders, such as serial murderers, rapists, and arsonists, can be of significant assistance to law enforcement. Such information allows police departments to focus their activities, geographically prioritize suspects, and to concentrate saturation or directed patrolling efforts in those zones where the criminal predator is most likely to be active. By examining spatial data connected to a series of crime sites, this methodological model generates a choropleth probability map that indicates the areas most likely to be associated to the offender—home, work site, or travel routes. Based on the Brantingham theoretical structure and the routine activities approach, the model goes beyond simple cluster or centroid analysis by employing specific serial murder research, overlapping modified Pareto functions, and Manhattan distances. The methodology is also sensitive to the target/victim opportunity backcloth, landscape issues, and problems of spatial “outliers.”  相似文献   

15.
我国犯罪构成体系完善探略   总被引:4,自引:0,他引:4  
陈建清 《法律科学》2003,3(4):73-80
定罪乃判定某一危害行为构成犯罪与否的认识活动,应当合乎认识论的基本原理;在这一认识活动中,危害行为是认识的客体,犯罪构成是认识的中介。传统犯罪构成理论将危害行为视为犯罪构成客观要件之一,混淆了认识客体和认识中介之间的界限。期待可能性成为犯罪构成主观要件之一具有理论和实践的根据;犯罪目的是希望意志的核心,不是独立的主观要件;犯罪动机是独立于罪过心理而存在的选择性主观要件。犯罪主体要件、客观要件和主观要件形成了犯罪构成系统的基本构架。  相似文献   

16.
Although it has been suggested among both forensic experts and a small number of leisure scientists that serial murder may be a form of recreational leisure, such suggestions remain largely unexplored both theoretically and empirically. Given the absence of scholarship on this possibility, this project explored and analyzed the structure and function of leisure activities within an unusual case (Dennis Rader) of serial murder. A thorough analysis of relevant case documents confirmed that serial murder itself can be experienced by the killer as a form of recreational leisure with the potential for optimal psychological experience (flow), and that various leisure activities may function in specific ways within the serial murder process. An unexpected finding in this case was that leisure, specifically project-based leisure, served to structure specific killings. Findings provide valuable new insights for forensics behavioral experts that may be used to guide future research.  相似文献   

17.
王钢 《法学》2022,(2):49-67
在处理危害结果延迟发生的案件时,若已经存在对行为人就同一犯罪行为的有效刑事裁判,则即便之后又发生了危害结果或加重结果,也不应再据此追究或加重行为人的刑事责任。观念论的时间观所揭示的人的认知规律和刑事不法的本质,共同决定了经过较长时间才延迟发生的危害结果不能再被归责于早已实行终了的实行行为。这种刑事归责的时间之维是在考虑过往的实行行为对于在现时社会中确证规范效力、保护法益之意义的基础上,从功能主义与目的理性的角度建构刑事不法的结果,其与刑事追诉时效制度存在紧密的内在关联,故在个案中应当类推适用追诉期限判断实行行为与危害结果之间的时间间隔是否已经足以阻却归责。  相似文献   

18.
The past decades in the United States have been characterized by a widening in the distribution of wage income. While much research has attempted to uncover the causes of these earnings trends, much less is known about their impact upon social and economic factors. This study examines evidence for links between changes in distribution of wage income and criminal activity. Using extreme bounds analysis in conjunction with ordinary least squares regression, the study shows that robust results linking wage inequality and crime are obtainable across a rich set of model specifications for the violent crimes of murder and assault. No evidence is found linking wage inequality with the crimes of robbery and burglary. Results are inconclusive for larceny/theft, motor vehicle theft, and forcible rape. These results should be viewed as a first stage in examining the link between wage inequality and criminal activity. Research into the specific behavioral complexities underlying these relationships should be considered to affirm these results.  相似文献   

19.
Numerous studies have documented a relationship between criminal offending and violent victimization. That is, people who commit criminal behavior are also more likely to be victimized. As such, criminological theories traditionally used to explain criminal behavior have now been applied to explain victimization. The current study examines whether Agnew’s general strain theory can explain the offender-victim overlap using a nationally representative sample of males. Results show that vicarious strain is positive and significant in predicting both victimization and perpetration. Anticipated strain was found only to be significant and positive in predicting victimization, but not perpetration. The study’s limitations and future research are discussed.  相似文献   

20.
The role of the forensic psychiatrist is described in this paper. This role is unique in that it applies the research findings of the neurologist, the neuropsychologist, the criminologist, and other behavioral specialists to courtroom proceedings. The possibility that medical malfunction such as brain damage, endocrinological problems, toxicity, infection, or neurological disorder may be associated with violent behavior is discussed. The forensic psychiatrist has several functions to perform in the courtroom. He or she must be able to assess the likelihood that any type of malfunctioning such as those mentioned may have had a part in the defendant's violent behavior, assess the defendant's state of mind at the time of commission of the crime, and determine whether the individual is competent to stand trial. The five phases of the criminal justice system are reviewed as they bear on the work of the forensic psychiatrist.  相似文献   

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