The Role of Forensic Botany in Reconstructing the Dynamics of Trauma from High Falls

The analysis of botanical traces can be supportive, especially when the crime scene investigation and autopsy do not provide sufficient information. This issue arises most commonly in fatal falls from height. We report the case of a man found dead below a hill. The body showed traumatic injuries from a fall. During the scene investigation, a sampling of botanical elements was carried out on three zones of the hill called the point of loss of balance, the point of fall, and the point of impact. The botanical elements collected on the three zones were compared with those found on the victim and an autopsy was performed. The botanical analysis clarified the phases of falling, as well as allowing us to reconstruct the dynamics and the accidental manner of death.     

身份犯及其相关概念辨析

身份犯是指刑法规定的以行为人所具有的特定身份作为犯罪构成要件或量刑情节的犯罪。身份犯不同于亲手犯和不作为犯,身份犯是以犯罪主体是否具有特定身份为标准对犯罪进行分类的结果,亲手犯是根据实行行为是否可以和主体相分离而对犯罪所作的一种分类,不作为犯则是以实行行为的表现形式为标准划分的一类犯罪,三者既有区别,又有联系。     

The Role of Forensic Botany in Solving a Case: Scientific Evidence on the Falsification of a Crime Scene

Forensic botany can provide useful information for pathologists, particularly on crime scene investigation. We report the case of a man who arrived at the hospital and died shortly afterward. The body showed widespread electrical lesions. The statements of his brother and wife about the incident aroused a large amount of suspicion in the investigators. A crime scene investigation was carried out, along with a botanical morphological survey on small vegetations found on the corpse. An autopsy was also performed. Botanical analysis showed some samples of Xanthium spinosum, thus leading to the discovery of the falsification of the crime scene although the location of the true crime scene remained a mystery. The botanical analysis, along with circumstantial data and autopsy findings, led to the discovery of the real crime scene and became crucial as part of the legal evidence regarding the falsity of the statements made to investigators.     

The descriptive epidemiology of unnatural deaths in Oregon's state institutions: a 25-year (1963-1987) study. I. A preliminary analysis of recent incidence rates of suicide in mental and correctional facilities

This paper presents for the first time the annual suicide incidence rates of residents from four Oregon state institutions for a 5-year (1983-1987) period of time. The suicide rate for inmate-patients of the Forensic Psychiatric Program (for the care and treatment of individuals who have been found guilty of serious crime and to be mentally ill) is 820/100,000. This represents a suicide rate 51 times higher than the rate for Marion County or the state of Oregon. This is also one of the highest annual suicide rates ever reported. The suicide rate for patients of the Oregon State Hospital is 289/100,000, which is similar to other reported suicide rates in hospitalized mentally ill populations. This rate is approximately 18 times higher than the rate for Marion County or the state of Oregon. The suicide rate for inmates of Oregon's four correctional institutions is approximately 29/100,000, which is similar to other reported rates for prisoners. This rate is approximately 1.8 times higher than the rate for Marion County or the state of Oregon. The suicide rate for residents of the Fairview Training Center (for care of the mentally retarded and developmentally disabled) is zero.     

Characteristics of successful and unsuccessful insanity pleas

Thirty men acquitted not guilty by reason of insanity (NGRI) were matched on type of violent crime and compared to 30 men who unsuccessfully raised the insanity defense. Demographic, legal process, and psychological variables were compared. Eighty percent of successful acquittees previously had been found incompetent to stand trial, compared to only 33% of those found guilty and sentenced to prison. Ninety-six percent of NGRI acquittees opted for trial before a judge rather than a jury; 76% of cases raising an unsuccessful defense were heard in front of a jury. Unsuccessful attemptees also had significantly higher IQ scores and personality profiles characterized by acting-out potential and intact reality testing compared to profiles of NGRIs. The ability of the legal system to identify those meeting criteria for the insanity defense is discussed.     

Increasing the ERP signal in the detection of guilty knowledge

The N400 and P300, two event-related potentials (ERPs), were tested using a modified Guilty Knowledge Test for their effectiveness in discriminating people possessing guilty knowledge from those who did not. In the study phase, participants read different passages that detailed either a crime in a specific location (Guilty), some location, without a crime (Innocent but Knowledgeable) or an unrelated location without a crime (Naive). During EEG collection, participants viewed context phrases, some of which were relevant to the crime scene, and test words that were either congruent or incongruent to the context phrases. In Experiment 1, both Guilty and Innocent but Knowledgeable participants were originally classified as guilty because both produced large P300 amplitudes to the crimerelevant stimuli. However, few Innocent but Knowledgeable participants produced significant N400 amplitudes and thus were rejected as guilty in the final analysis. In Experiment 2, participants were assigned to either the Guilty or Innocent but Knowledgeable condition. Seventy-two hours after reading the appropriate passage, participants were divided into two groups: those reminded of the passage read earlier and those who were not. There was not effect of reminding Guilty participants on the discrimination but a strong effect on the Innocent but Knowledgeable participants suggesting a possible technique for discriminating guilty knowledge from other knowledge formats.     

ROMANTIC PARTNERS' INFLUENCE ON MEN'S LIKELIHOOD OF ARREST IN EARLY ADULTHOOD*

Female romantic partners' influence on official crime occurrence for men across a 12‐year period in early adulthood was examined within a comprehensive dynamic prediction model, including both social learning and social control predictors. We hypothesized that relationship stability, rather than attachment to partner, would be associated with reduced likelihood of crime, whereas women's antisocial behavior would be a risk factor, along with deviant peer association. Models were tested on a sample of at‐risk men [the Oregon Youth Study (OYS)] using zero‐inflated Poisson (ZIP) modeling predicting 1) arrest persistence (class and count) and 2) arrest onset class. The findings indicated that women's antisocial behavior was predictive of both onset and persistence of arrests for men and that deviant peer association was predictive of persistence. Relationship stability was protective against persistence.     

论拒绝提供间谍犯罪证据罪的争点问题

刑法第311条规定之罪的罪名应当被确定为"拒绝提供间谍犯罪证据罪".该罪侵犯的直接客体应当是:国家安全机关对间谍犯罪的侦查活动.该罪行为在时间、内容及程度上均有其特定性.该罪主体应当是特殊主体,其罪过形式应当是直接故意.在认定上,主要应当注意该罪与包庇罪、伪证罪及妨害公务罪的区别.     

现行刑法体系下遗弃罪内涵的重新建构

遗弃罪是传统型的犯罪,随着社会观念与人际关系的变迁,如果将遗弃罪的行为对象仅限定在家庭成员之间,并不利于对公民人身法益的保护.遗弃罪在刑法体系中位置的变化为重新建构遗弃罪的内涵提供了契机.正确理解刑法上的"扶养义务"是合理确定遗弃罪行为对象外延的关键."紧密生活共同体"是认定遗弃罪中"扶养义务"的现实基础."扶养义务"的来源受事实上扶养关系的制约.义务的扶养性、义务程度的紧迫性是遗弃罪与以遗弃方式实施的不作为的故意杀人罪的主要区别.     

OxyContin and a Regulation Deficiency of the Pharmaceutical Industry: Rethinking State-Corporate Crime

On May 10, 2007, three executives of the pharmaceutical company Purdue Pharma pled guilty in federal court to misleading doctors and patients about the risk of addiction and potential for abuse of OxyContin. Additionally, Purdue Pharma paid over $600 million in fines and other payments to the United States government and the Commonwealth of Virginia. The drug OxyContin was first introduced to the market in December of 1995. Warning signs of the drug’s potential for abuse were almost immediate, and there were reports of copious amounts of the drug being diverted into the black market for recreational use. In some cases, criminologists have argued that if the government fails to protect its citizens from the harm of a corporation then such behavior should be considered state-corporate crime. We critically evaluate the case of OxyContin to see if it falls under the state-corporate crime paradigm. Further, we argue the state-corporate crime paradigm can benefit from an increased focus on the organizational structures of regulation agencies.     

The descriptive epidemiology of unnatural deaths in Oregon's state institutions: a 25-year (1963-1987) study. II. Analysis of the incidence rate and its many variations.

We have analyzed suicide data of the Forensic Psychiatric Program of the Oregon State Hospital in terms of the various ways of expressing occurrence rates that are found in the literature. All of these rates are ultimately based upon either (a) the average daily population, computed from occupancy rates of institutional beds, or (b) a measure of the total number of individuals at risk (that is, all who were in the study population during the time frame of the study). We discuss reasons for the use of these different rates. We have also calculated the risk of suicide for each of two factors: (a) the primary psychiatric diagnosis and (b) the type of legal commitment under which these patients were admitted to the Forensic Psychiatric Program. We discovered that virtually the entire risk of suicide in this program was borne by patients whose primary diagnosis was that of chronic schizophrenia and who were committed there because of diminished criminal responsibility for a crime of which they were found guilty in a court of law.     

Moral wrongfulness and insanity: a New Zealand sample

Introduction: This study sought to identify the common characteristics amongst defendants found legally insane, compared to those who were psychiatrically evaluated yet convicted of their crime. Method: A retrospective review of court-ordered psychiatric court reports and legal outcomes was conducted, for all defendants referred for insanity evaluations in the largest city in New Zealand (and its surrounding rural regions) for a 7-year period. Results: The majority (60%; 37) of those referred for evaluation were found legally insane. The opinion regarding moral wrongfulness was the single factor that differentiated successful insanity defendants from those who were found guilty. Conclusions: Despite the centrality of the insanity defence to forensic psychiatry, few studies internationally consider characteristics of those found insane, particularly in comparison with those who are found guilty. Psychiatrically evaluated defendants in this sample were relatively homogenous, perhaps due to the court liaison nurse screening process.     

THE LABELING OF CONVICTED FELONS AND ITS CONSEQUENCES FOR RECIDIVISM*

Florida law allows judges to withhold adjudication of guilt for individuals who have been found guilty of a felony and are being sentenced to probation. Such individuals lose no civil rights and may lawfully assert they had not been convicted of a felony. Labeling theory would predict that the receipt of a felony label could increase the likelihood of recidivism. Reconviction data for 95,919 men and women who were either adjudicated or had adjudication withheld show that those formally labeled are significantly more likely to recidivate in 2 years than those who are not. Labeling effects are stronger for women, whites, and those who reach the age of 30 years without a prior conviction. Second‐level indicators of county characteristics (e.g., crime rates or concentrated disadvantage) have no significant effect on the adjudication/recidivism relationship.     

The Case of Fearful Women:

Women's reported level of fear of crime is three times higher than reported by men. Crime surveys though show that it is young men who are at greatest risk to violent victimisation. This paper explores this criminological conundrum of women's fear of crime. It proposes that the analysis and the construction of the concept 'fear of crime' fail to capture women's lived experiences of sexual and physical violence. It further examines the crime prevention advice to women and concludes that this advice is founded upon faulty assumptions about what types of situations pose the greatest danger to women's sexual and physical safety. Conventional criminology and its adherence to the view of violent crime as 'street crime,' the paper concludes, distorts and sensationalizes violence against women.     

The relationship between verdict, defendant characteristics, and type of crime in sex-related criminal cases

In an earlier study, we unexpectedly found that defendants charged with sex crimes were four times less likely to be convicted than were all other defendants. We now report that failure to convict for rape was associated with failure to come to trial and that minor sex crimes were tried, but often continued without a finding, even when the judge found sufficient facts to make a guilty finding. Whether a minor crime involved a victim and whether the defendant has a criminal record both relate to verdict, but psychiatric history did not. The implications for understanding "acquittal of the guilty" are discussed.     

Testing for Individual Factors for the Fear of Crime Using a Multiple Indicator-Multiple Cause Model

In the extant literature, very few studies have simultaneously examined the impact of individual attributes, neighbourhood disorder and social cohesion on an individual’s fear of crime. This article addresses the use of multiple-indicator, multiple-cause (MIMIC) analysis for testing different variables related to the fear of crime based on a number of theories. Face-to-face interviews with residents of a high-crime council estate were conducted to examine the crime rate, disorder, cohesion and the fear of crime in the participants’ residential area. The results support the incivilities thesis and the vulnerability hypothesis, while the social disorganisation theory was partially supported. It was concluded that women and the elderly demonstrate higher levels of fear than men and the nonelderly and that crime, disorder and social cohesion have a direct effect on one’s level of fear, as the decreases in neighbourhood cohesion increase the individuals’ levels of fear. In addition, people who have been victimised and those who perceive higher levels of incivility were found to be more fearful of crime. By incorporating the three theories, the final model is able to account for 50 % of the variance in the fear of crime.     

The Role Of Legal Consciousness and Public Opinion in Fixing Punishment

The Principles of Criminal Legislation of the USSR and the Union Republics provide that the court shall designate punishment for a guilty person within the limits provided in the article of the law stipulating responsibility for the crime committed, taking into account the nature and degree of social danger of the crime committed, the personality of the guilty individual and the circumstances of the case, ameliorating or exacerbating responsibility, being guided therein by a socialist legal consciousness (Art. 32).     

夫妻一方对他方自杀而“见死不救”之刑事责任新探——从“宋福祥故意杀人案”之判决理由谈起

"罪刑法定原则"与"罪刑相适应原则"已经成为我国刑法的基本原则。"宋福祥故意杀人案"之判决理由欠缺合理性与合法性,夫妻一方对他方自杀而"见死不救"的不应当承担刑事责任。在刑事审判中,法官应"以事实为根据,以法律为准绳",以作出正当的个案裁判为己任,在审判中真正做到符合"罪刑法定原则"与"罪刑相适应原则",才能切实保障公民的合法权益,维护社会的和谐稳定,也才能真正实现依法治国。     

“存疑有利于被告人”原则的正确理解适用

"存疑有利于被告人"的思想源于古希腊自然法思想之正义观。作为一项法律规范,它最早出现于古罗马时期。在法律文化的变迁过程中,罪刑法定、无罪推定、刑法谦抑主义、正当程序等刑事法律思想为该原则的形成提供了思想滋养与理论支撑。但是,由于缺乏对该原则内涵的准确把握,导致我国司法实践中至今仍存在多种滥用该原则的现象,这不仅损害了司法公正,也削弱了刑法的法益保护机能。所以,对该原则的使用范围、使用条件和使用阶段需要从司法实践出发认真思考。     

犯罪心理画像论

犯罪心理画像是在研究罪案统计资料的基础上,运用心理学原理和技术,透视案件痕迹物证中的心理痕迹和心理现场,在重建犯罪过程中分析未知案犯的形象和行为、动机、心理过程、心理特征群等,从而确定作案人范围的侦查技术。考察犯罪心理画像研究的历史与现状。心理画像的实质是心理现场的重构,其逻辑线索是一种侦查推理,是关于作案人情况的假说。其归纳式心理画像和演绎式心理画像可结合起来,用其长处,避其短处。在借鉴现场分析、心理侦查、行为证据分析、地理画像等方法的基础上,我国应建立犯罪行为人性状和特征的数据库,完善相应的指标体系,以提高心理画像技术的科学性。