犯罪：环境诱因与人格缺陷的结合——杨佳案件心理分析

近十几年来,中国发生过不少起恶性的暴力杀人案。这些案犯的作案动机和理由不外乎恶意报复,或心理变态,或黑社会的亡命之徒恣意妄为。唯独杨佳案,因其作案对象、作案地点、作案手段等众多的特殊性,而令其作案动机蒙上一层迷雾。那么,究竟是什么原因导致了杨佳的残暴的犯罪行为？对于了解杨仕的犯罪心理和犯罪行为,如果从环境诱因和人格缺陷的结合的角度来探讨,可能可以给我们一些启示,并为预防此类恶性案件的再次发生有所帮助。     

Personality traits of convicted male batterers

The purpose of this investigation is to determine if select psychological variables are associated with abusive behavior of convicted male batterers. The sample included a treatment group of 75 court-referred abusers who were individually administered the Taylor-Johnson Temperament Analysis (T-JTA) instrument. Explored were: (1) the relationships among personality variables and sociological and demographic characteristics, (2) possible behavioral disorders in our study group of spouse abusers, (3) whether major bipolar personality variables could distinguish our study group from the general population. Results revealed the Taylor-Johnson behavioral disorder types were not useful in identifying distinctions among our spouse abusers. However, a two-factor rotation (Internal/Emotional Balance and Social Interaction) produced results which should be of interest to programs treating batterers as well as provide a suggestive lead for future research. Battering men were found to have a restless proclivity for interaction that will be competitive and conflict-oriented in style. Their impulsiveness further suggests that their interactions will be negative in terms of evocation.     

National study comparing the characteristics of patients diagnosed with schizophrenia who committed homicide vs. those who died by suicide

Associations between serious mental disorder and violence are well-documented, but there is little epidemiological evidence linking these disorders and homicide risk. The reported study compares socio-demographic and clinical characteristics of people diagnosed with schizophrenia who committed homicide vs. those who died by suicide. The study is a national case series of male patients in England & Wales diagnosed with schizophrenia and convicted of homicide during 1997–2012 (n = 168), and a randomly selected comparison group of male patients with schizophrenia who died by suicide and who were matched to the homicide case series by age (n = 777). There are different patterns of behaviour in people with schizophrenia preceding homicide and suicide. Homicide perpetrators have frequently disengaged with services whilst patients who die by suicide are often in recent contact. This is important knowledge for clinical services as it indicates a different preventive emphasis despite the existence of other shared characteristics.     

Biastophilia,raptophilia, and somnophilia: the blurred distinction and comorbidity of sexual paraphilias in a homicidal offender

Somnophilia has previously been recognised by some as a sleep disorder rather than, correctly, as a sexual paraphilic disorder. Correct recognition, however, then necessitates cognisance of the overlap between somnophilia and arousal to rape and sexually violent acts (biastophilia and raptophilia). Such overlap needs to be recognised by clinicians when the ramifications of the comorbidity and intersection of these paraphilias, left unchecked, can stretch as far as homicide.     

Criminological and Medico-legal Aspects in Homicidal and Suicidal Sharp Force Fatalities

The interpretation of sharp force fatality dynamics may be difficult in some cases, but a contribution to analysis of the phenomenon may be provided by case studies. Therefore, the purpose of our study is focused on identifying, in observed sharp force fatalities, reliable parameters that can differentiate a homicidal and suicidal manner of death, with particular reference to criminological parameters. Data derived from sharp force fatality cases in Padua and Venice from 1997 to 2019, anonymized and collected in Excel, included personal, circumstantial, clinical, and psychopathological–criminological data, as well as crime scene investigation, necroscopic, and toxicological data. Statistical analyses were performed using chi-square and Wilcoxon rank-sum tests. Possible predictors of homicide were analyzed by logistic regression. Six parameters (bloodstains distant from the body, clothing lacerations, hesitation/defense wounds, number of injuries, and potential motives) were significantly different in the two groups (p < 0.05). An independent statistical association between potential motives explaining the crime (p < 0.001; OR 27.533) and homicide on multiple logistic regression analysis was highlighted. The absence of clothing lacerations was inversely related to homicide (p = 0.002, OR 0.092). To the best of our knowledge, this is one of very few Italian studies concerning the differential diagnosis between homicidal and suicidal sharp force fatalities. The dynamics of the event is established in most cases by the integrated evaluation of data from crime scene investigation and the autopsy. Nevertheless, in an atypical scenario, a psychopathological–criminological analysis may provide essential elements, and particular attention should be given to the identification of potential explanatory motives.     

从圣经神学人格到宪法上人格权

从宗教、圣经神学语境下棼梳出的“人格”经过无数个历史时期的拐点和启示，终于演变成为当下司法实践所关怀的“人格权”。人格问题从一种宗教争议的裁决一政府行政的操作一政策的表达一转化为国家法律。圣经神学人格从宗教的创识到私法人格权的演变，再到宪法上人格权的创设，使得民主法治国家基本权利体系更加完备，更能够维护或获得普世人性的尊严和恩泽，促进人世间无论种族、肤色、贫富、民族、语言、宗教、信仰享有平等的人格自由的发展权。     

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.     

Sociodemographic and diagnostic characteristics of homicidal and nonhomicidal sexual offenders

The aims of this study were to compare the prevalence of psychiatric disorders and "psychopathy" in homicidal and nonhomicidal sexual offenders and to investigate the specificity of previous studies on psychiatric morbidity of a sample of sexual murderers. Information from court reports of 166 homicidal and 56 nonhomicidal sex offenders was evaluated using standardized instruments (SCID-II, PCL-R) and classification systems (DSM-IV). Sexual murderers were diagnosed more often with a personality disorder (80.1% vs. 50%; p < 0.001), especially schizoid personality disorder (16.3% vs. 5.4%; p < 0.05), as well as with sexual sadism (36.7% vs. 8.9%; p < 0.001) and sexual dysfunctions (21.7% vs. 7.1%; p < 0.05). Additionally, they had more often used alcohol during the offense (63.2% vs. 41%; p < 0.05). The results indicate that sexual murderers have more and a greater variety of psychiatric disorders when compared to nonhomicidal sex offenders.     

法律史上人格制度的演化

不同的时代有关于人格的不同的立法政策，在法制史上，人格制度经历了身份化、理性化以及普遍化三个不同的发展阶段。在人格的身份化时期，法律以等级制“身份”为依据，将一部分人宣布为法律上的“非人”；在人格的理性化时期，强调人格的理性内核，同样将妇女、奴仆等排除在人格的拥有者之外。只有在人格的普遍化时期，法律上才承认每个人都是拥有平等人格的法律主体，由此在人格制度上完成了法律由野蛮、专横到文明、人道的演化。     

Specifying the Effect of Social Welfare Expenditures on Homicide and Suicide: A Cross-National,Longitudinal Examination of the Stream Analogy of Lethal Violence

This study is an extension and cross-national test of the Stream Analogy of Lethal Violence (SALV). The SALV is an integrated theory of homicide and suicide that hypothesizes a relationship between “socially patterned” sources of frustration and lethal violence. By drawing on the insights of General Strain Theory and Institutional Anomie Theory, this study extends the SALV by assessing the impact of “decommodification” on the lethal violence rate. Partial support is found for this modified version of the SALV, as lagged measures of social expenditures are negatively associated with total lethal violence. The findings of this study suggest that social welfare expenditures in OECD nations protect citizens from lethal violence while austerity measures may contribute to greater rates of violent death.     

Homicide‐Suicide in Konya,Turkey Between 2000 and 2007*

Abstract: Homicide followed by the suicide of the murderer is a relatively rare lethal incident in which an individual kills another person and subsequently dies by suicide. Cases involving a homicide and a suicide in which death examinations and autopsies were performed at The Konya Branch of the Forensic Medicine Council between 2000 and 2007 were retrospectively investigated. During the studied time period, there were 10 homicide‐suicide cases identified with 10 perpetrators killing 12 victims. Nine of the perpetrators were men and eight of the victims were women. The precipitating motive was an impending divorce in four of the cases. Two perpetrators were described as severely depressed, one had a diagnosis of antisocial personality disorder, and one was a pedophile who had reactive depression. Firearms were used in eight of the homicide cases and seven of the suicides. Constricting the use of firearms may reduce/prevent future homicide‐suicide cases, as it is the most commonly used method to carry out homicide‐suicides.     

主体人格与客体人格之概念辨析——以人格、主体、权利能力等概念分析为基础

人格权的发展依赖于对人格概念正确理解。在我国民法理论中,人格与主体、权利能力等概念存在混用现象。本文试图探究具体概念本质及它们之间的区别,从而提升概念之确定性。笔者主张人格为自然人和团体成为民法主体之要件,为主体之前提;主体是最为核心之概念。在近代民法理论中,主体是高度抽象的自由意志;权利能力被用来描述主体作为权利义务载体之资格有无和范围宽窄;人格权之人格与作为主体资格之人格不同,前者是客体,后者是主体要件;人格权是主体以自身为客体的权利,具有支配性,人格权的产生以抽象主体理论为基础。     

论一般人格理论的摒弃及替代

一般人格理论引入民法学,是在法律对人格权保护严重不周的情况下,出于填补法律漏洞之需的无奈之举,带有临时性和应急性。一般人格理论具有无法克服的缺陷,我国不存在适用一般人格理论的法律环境。一般人格无论是＂权＂还是＂益＂,人格权法均不应规定,法学理论也没有再保留一般人格概念的必要。在侵权责任法和人格权法进行专门立法背景下,真正在理论上具有意义的是从归类角度对人格利益展开典型性分析。     

西方人格权发展的历史线索及其启示

法律人格具有作为"主体资格"与"权利客体"这两个矛盾范畴方面同时使用的特征,这是人格权立法难点之所在。西方人格权发展的基本路径是:法律人格在初期具有浓厚的身份性,然后,立法对法律人格进行了伦理性确认和权利能力的抽象规定,继而以人格权的形式出现,并以日益扩张的工具性立法技术对其保护。西方社会深厚历史、社会渊源与哲学理论根基促使人格被纳入民法调整的视野和领域。这一人格权的历史发展线索对于我国当下的人格权立法无不具有启迪作用和借鉴意义。     

Psychopathic traits in Finnish homicide offenders with schizophrenia

There is a paucity of studies examining psychopathy in comparable samples of violent individuals with and without psychotic illness. The main goal of the study was to assess the prevalence and nature of psychopathic traits as measured by PCL-R among Finnish homicide offenders with schizophrenia. Further, the impact of co-morbid psychopathy on the homicidal incidents, as well as the associations of psychopathy and offender background factors, among offenders with schizophrenia was investigated.A retrospective study was performed using extensive forensic psychiatric evaluation reports and crime reports as sources of information. The sample consisted of 72 homicide offenders with schizophrenia and 72 controls without psychotic illness.Psychopathic features were prevalent among Finnish homicide offenders with schizophrenia, although for the most parts to a lesser extent compared to other homicide offenders. Like non-mentally ill psychopathic offenders, offenders with schizophrenia and many psychopathic traits are likely to present early starting problems in many areas of life and they also commit homicides that resemble other psychopathic offenders' in their choice of victims, intoxication and post-offense behavior.The observed prevalence of psychopathic traits highlights the importance of psychopathy assessment among violence-prone individuals with schizophrenia. In most respects, offenders with schizophrenia and high levels of psychopathic traits seem to be similar to psychopathic offenders without psychotic illness, which has implications for early intervention and management.     

论德国民法中的人、人格与人格权——兼论我国民法典的应然立场

德国民法对人与人格权的处理方式是与其人格理论立场的坚持密不可分的。德国民法中的人被缩限为法律关系的权利主体,权利能力则成为了“人为人”的实证法表达,从而实现了对人格的某个方面功能的替代。而德国民法中的人格权尚未被权利化,立法对人格利益列举式的规定必然蕴含着开放式的突破,一般人格权的产生不可避免。我国民事立法应在鉴别的基础上,既有延续,又有创新与突破。     

Homicide–Suicide in Cuyahoga County,Ohio, 1991–2016

Research on homicides followed by suicides has relied heavily on small samples and relatively short time spans of data. This study helps to fill this gap by examining 26 years of homicide–suicide data from Cuyahoga County, Ohio, between 1991 and 2016. The main data source for the study is medical examiner files. Analyses of the data indicate the rate of homicide–suicide in Cuyahoga County is consistent with other studies but fluctuates considerably across years studied. The majority of victims are female while perpetrators are overwhelmingly male. Black people are overrepresented as victims and offenders. Use of drugs and/or alcohol leading up to the incident is common among perpetrators. Both the homicides and suicides were overwhelming committed with firearms. When comparing our results to the typology of murder–suicides developed by Marzuk, Tardiff, and Hirsch (JAMA 1992;267:3179), we find amorous jealousy is a significant motivating factor in a many cases, including those involving nonintimate partners. Our findings underscore the importance of widespread use of lethality assessment instruments.     

Comparing Homicide‐Suicides in the United States and Sweden

Research on homicides followed by suicides has largely relied on very localized samples and relatively short time spans of data. As a result, little is known about the extent to which patterns within cases of homicide‐suicides are geographically specific. The current study seeks to help fill this gap by comparing twenty years of homicide‐suicide data for Sweden and a large U.S. county. Although some of the underlying patterns in the two countries are similar (e.g., decreasing rates), a number of important differences emerge, particularly with respect to incidence, weapons used, perpetrator age, and relationship of the perpetrator to the victim.