Hypericum pollen determines the presence of burglars at the scene of a crime: an example of forensic palynology

Two male intruders entered a house in which the sole female occupant slept having left the back door unlocked for the return of her live-in boyfriend. She awoke and saw strangers in her bedroom. The intruders ran off, one leaving a jacket behind on the kitchen floor. One of the intruders subsequently returned to recover his jacket, but in his rush to leave the house he brushed against a flowering Hypericum bush growing just outside the back door. A suspect was arrested later that day and charged with indecent assault on a female and burglary, but denied any involvement and refused to name any associate. A day following the offence the suspect's clothes were taken for forensic examination. Pollen analysis of selected parts of his clothing showed that his track pants contained 14% Hypericum pollen, denim jacket 24%, and polo shirt 27.5%. Traces of Hypericum pollen occurred on other items. Most of these pollen grains still had their cell contents preserved and were on the clothing in clumps consistent with having recently been collected by the clothing and not having been aerially dispersed. The pollen from the Hypericum bush was identical in colour, shape, development, and size range to the pollen from the clothing. The clothes had so much Hypericum pollen on them that they had to have been in direct and intimate contact with a flowering bush. Pollen evidence is by its nature circumstantial and often cannot be used on its own to convict, or more strictly to determine the truth. The suspect may have been in contact with Hypericum elsewhere, but detailed investigations indicated that this was unlikely. In 30 years of New Zealand forensic work Hypericum had only ever been found on clothing in trace amounts. This is but one way in which forensic palynology can assist law enforcement agencies to determine the history behind a criminal action, and demonstrates that forensic palynology should be considered as an integral part of any criminal investigation.     

英美两国对精神病人刑事责任能力评判的演变

司法精神病学是法学的一个分支学科,其诞生和演变与法学的主旋律始终保持一致。精神障碍者刑事责任能力问题是司法精神病学的主要构成部分,英国1843年的麦克·纳顿条例是专门就精神障碍者刑事责任能力问题的法律规定,它对英美法系和大陆法系国家的相关立法都产生了巨大深远的影响。美国最近20多年处理违法精神病人的法律改革对现代诸国的司法精神病学完善具有相当大的影响力,所以研究英美两个国家这一方面的司法精神病学的历史和现状对推动我国司法精神病学的进步意义重大。     

刑法学中"人"的观念的演变

在刑法学中 ,对主体的态度不同 ,刑法立场就可能不同。近代以来 ,随着刑事古典学派和实证学派的先后登场 ,刑法学中的人开始从“抽象刑法人”过渡到“危险个体”。如果要在刑事领域坚持一种法治立场 ,刑法学应当采用“抽象人”的观念 ;但是 ,司法实务总是倾向于探求个人的危险性格。由于刑法理论和实务之间对人的看法存在严重的不一致 ,所以 ,有必要根据规范违反说 ,提出“规范意识主体”的概念 ,以使刑法学对“人”的看法更为合理     

The observation of mental disorder and dangerousness in arsonists: a contemporary appraisal of changes in Dutch forensic mental health cases

In the Netherlands pre-trial forensic mental health assessments are conducted to examine whether a mental disorder was present at the time of the offence that affected the free will of a person, in which case criminal accountability is considered diminished or absent. This study aims to investigate societal changes over time in forensic mental health recommendations in arson cases. Seventy-two reports of male arsonists assessed in 1950–2010 were included in this study, 36 arsonists were assessed in the first time period (1950–1979) and 36 in the second period (1980–2010). Results show an association between DSM classification and the conclusion on criminal accountability only in the first period and an association between recidivism risk and the forensic mental health recommendation only in the later period. It is concluded that mental disorder was of greater influence on the conclusion on accountability in the first time period, whilst dangerousness played a more important role on the forensic mental health recommendation in the later time period. Our findings reflect a shift from paternalistic principles to principles of risk control and show that societal changes influence the field of forensic mental health.     

The forensic anthropology legacy of T. Dale Stewart (1901-1997)

T. Dale Stewart (1901-1997) began his Smithsonian career as a temporary aide to Ales Hrdlicka (1869-1943) in 1924. At the time of his death in 1997, he was regarded world-wide as an authority who led the professional development of American forensic anthropology. He was a prodigious researcher, best known for his meticulous attention to detail, balanced scientific judgment, keen sense of research design, and ability for synthesis. Stewart's publications, extensive casework for the FBI and others, his court testimony, publications, professional contacts, and organizational activity merit him a prominent place in the history of American forensic anthropology.     

INJUSTICE AND IRRATIONALITY IN CONTEMPORARY YOUTH POLICY

Lionel Tate was 12 years old when he killed 6‐year‐old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at “wrestling” when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first‐degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second‐degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first‐degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence.¹ Raymond Gardner was 16 years old when he shot and killed 20‐year‐old Mack Robinson.² Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part‐time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was “looking to get him.” The victim was known on the street as “Mack the Knife” because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first‐degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.³     

The Purity Thesis

Hans Kelsen’s purity thesis is the basic methodological principle of the Pure Theory of Law. Indeed, it is no exaggeration to say that virtually everything that is peculiar to Kelsen’s legal theory stems from the purity thesis. This includes Kelsen’s normativism or non‐naturalism and his polemic against various dualisms in legal science. I set out Kelsen’s position on these issues after looking at the nomenclature of purity in his writings as well as the philosophical and contextual sources of purity as he understands them.     

The Theory of the Offender's Forfeited Right

In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible.

Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; rarely do they ask whether the idea of a right that can be forfeited is itself morally illuminating. The article examines and criticizes various versions of this theory. It concludes that the forfeited right arguments add little other than rhetorical dignity to the existing repertoire of justifications for punishment. They can be most usefully understood as communicating the thought that the offender cannot reasonably complain about the violation of rights he himself has violated. But the incapacitation of the offender's reasonable complaint does not entail that we are justified in punishing him.     

Spousal homicide and the subsequent staging of a sexual homicide at a distant location

The case of a 63-year-old man who killed his 52-year-old wife and then staged a sexual homicide at a distant location is reported. A review of all evidence, a forensic psychological interview, and psychological testing indicated that the murder was the result of a narcissistic rage reaction during which the subject beat his wife to death with a paint can, a clothing iron, and a rock. He then drove her body to a field 87.3 miles away, and positioned it in a manner that exposed her breasts and her underwear. He turned himself into the police two days later. There is no controlled empirical research on staging, although this single case supports the criminal investigative theory that staging exists, and is done to deliberately mislead homicide investigations (Douglas et al., 1992).     

对社会危害性理论刑法学地位的新的曲解与新的辩护

在我国刑法学中,社会危害性理论的刑法学地位问题一直在争议之中。有学者将社区犯罪观和刑事和解观作为新的突破口,试图将社会危害性理论予以消解,以期最终将社会危害性理论从我国刑法学中清除。但是,由于包含着诸多曲解,故这一清除不仅没有实现,反而可被用来加固社会危害性理论在我国刑法学中的地位。     

Dr. Walter C. McCrone--his contributions to environmental microscopy

This paper briefly highlights Dr. McCrone's contributions to the recently emerging field of forensic environmental microscopy. Few, if any, criminalists are not familiar with Dr. Walter C. McCrone's voluminous contributions to the field of forensic microscopy and the analyses of micro and ultra micro transfer (trace) evidence. Dr. McCrone was renowned for his life long efforts in promoting the application of the Polarized Light Microscope (PLM) to problem solving. It is therefore not surprising that Dr. McCrone would also apply his analytical and deductive skills employing the PLM to problems in environmental analysis. He is well known for his many publications dealing with the analysis of asbestos and asbestos like materials by PLM. His philosophy of presenting intense professional training courses stressing the practical applications of the PLM carried over to a series of courses offered to students requiring education in other areas of microscopical analysis. Through McCrone Research Institute, Dr. McCrone can be said to have been responsible for the training of a large majority of microscopists who literally analyzed tens of millions of samples. These analyses were performed utilizing methodologies developed predominately by him and adopted by regulatory agencies in the United States and abroad. The methods he fostered are a major part of the arsenal of microscopical techniques employed by forensic environmental microscopists in their efforts to identify a manufacturer of an insulation product for the purpose of litigation.     

被害性与被害预防

被害预防是犯罪预防的重要一环,被害预防应该从被害性分析着手。被害性即指人身上所存在的足以导致犯罪侵害的一切特性,它与犯罪心理紧密相关。从犯罪人犯罪前的心理状态分析,犯罪人选择作案对象有一定规律,这种规律决定了被害性。被害人就其有无过错可分为两类,不同的类型具有不同的被害性,被害预防应从一般预防和特殊预防进行。     

简论言语识别在文检中的应用

近年来,文件检验技术有了很大的发展,把语言学作为刑事技术手段应用于侦查破案中,为文件检验开拓了新的领域。在办案实践中,充分注意作案人的言语特征,通过对作案人的言语识别,能够在一定程度上为侦查工作提供方向和范围,为认定作案人提供客观依据。本文试以运用语言学知识,然后结合本地区实际和所办的案件探讨了如何从作案者的年龄、职业、文化程度和性别和地域特征等方面,给作案人“画像”。     

An inconclusive digital audio authenticity examination: a unique case

This case report sets forth an authenticity examination of 35 encrypted, proprietary-format digital audio files containing recorded telephone conversations between two codefendants in a criminal matter. The codefendant who recorded the conversations did so on a recording system he developed; additionally, he was both a forensic audio authenticity examiner, who had published and presented in the field, and was the head of a professional audio society's writing group for authenticity standards. The authors conducted the examination of the recordings following nine laboratory steps of the peer-reviewed and published 11-step digital audio authenticity protocol. Based considerably on the codefendant's direct involvement with the development of the encrypted audio format, his experience in the field of forensic audio authenticity analysis, and the ease with which the audio files could be accessed, converted, edited in the gap areas, and reconstructed in such a way that the processes were undetected, the authors concluded that the recordings could not be scientifically authenticated through accepted forensic practices.     

论被害人同意的体系性地位——一个中国语境下的“德国问题”

关于被害人同意在犯罪论体系中的地位,德国刑法学界历来有"二元论"和"一元论"之争。对于我国主张全面引入大陆法系犯罪论体系的"革命派"而言,需要审慎思考"一元论"对刑法学理论发展的深度影响;对于主张维持"四要件"基本格局的"改良派"而言,也可以从"一元论"中汲取资源,将被害人同意纳入"四要件"框架内予以重新解释。此外,笔者认为以同意的体系性地位之争为辐射源,可以从中引申出关于法益概念以及问题性思考等具有一般性意义、需要各种立场共同回应的深层次问题。     

刑事责任能力评估工具在司法精神病鉴定中的应用

目前,我国刑事责任能力采用三分法,分为完全责任能力、限定责任能力和元责任能力.但在司法精神病鉴定工作中,由于缺乏客观标准,三者的区分尚带有较大主观性,常导致不同鉴定人对同一案例的责任能力判定存在分歧.因此,刑事责任能力的评定一直是司法精神病鉴定亟待解决的难题.本文综述了在司法精神病鉴定中使用的几种责任能力评定量表及其应用情况,认为虽然目前这类量表的信度和效度存在争议,但其对提高鉴定结果的科学性、客观性提供了一种良好思路.     

Type of symptomatology as a form of volunteer bias

We sought to explore the relationship between type of psychopathology and consent bias. Using the Brief Psychiatric Rating Scale we assessed a group of 48 forensic psychiatric inpatients. These patients were later independently approached by a researcher who attempted to get their consent for a study on the validity of self-reported criminal behavior. Thirty agreed to participate and 18 did not. The consenting patients were significantly younger and had significantly more negative symptoms than the nonconsenters. The difference in negative symptoms remained significant after age and medication dose, in chlorpromazine equivalents, were covaried out. The authors discuss the implications of these findings for forensic research.     

Exit association-mediated suicide: toxicologic and forensic aspects

The Swiss German chapter of the Exit Association provides conditional assistance to individuals wishing to end their own lives. The Exit Association advocates death with dignity and fights for the right to freely choose the timing of one's own death. According to the Swiss criminal code (articles 114 and 115), altruistic assistance to suicide is not punishable. Active euthanasia is punished by imprisonment. An individual commits active euthanasia if he or she is driven by honorable motives (e.g., pity) and causes the death of another person wishing to die who seriously and insistently requests such action. Based on our information, the preparation for suicide and its completion relies on a well-defined protocol. First, the candidate's eligibility for Exit Association assistance is verified. The candidate then writes a farewell declaration that explicitly confirms the will to terminate his or her own life. A written report describes the events during the suicide procedure. Depending on the circumstances, the investigative judge requests a forensic autopsy and toxicologic analyses. The results of the forensic investigations conducted in the cases presented here are in agreement with the scenario described in the reports of the Exit Association, namely, suicide by massive ingestion of pentobarbital.     

Cesare Lombroso: Methodological ambiguities and brilliant intuitions

This paper on Cesare Lombroso aims to assess his contribution to the criminological sciences. Although much praised worldwide, Lombroso was also the target of scathing criticism and unmitigated condemnation. Examination of Lombroso's method of data collection and analysis reveals his weakness. Indeed, his approach was extremely naive, simplistic and uncritical, aimed at irrefutably demonstrating the hypotheses that he championed, without exercising the methodological caution that was already beginning to characterize scientific research in his day. However, we must acknowledge that his biological theories of crime are undergoing new developments as a result of the recent success of biological psychiatry. On the other hand we should recognize that his work was not limited to his biological central theory; rather, it covered a range of cues and concepts, for the most part ignored, that demonstrate his interest in the economic, cultural and social factors that impact on crime. For these reasons, Lombroso appears to have anticipated many modern conceptions regarding delinquent behavior and criminal justice, such as those of restorative justice, the so-called "situational" theories of criminal behavior and white collar crime.