Police research technology: Functional relations between juvenile citations and criminal offenses

In a multiple-reversal time-series design, additional plainclothes youth guidance officers were assigned to patrol and to issue juvenile warning citations in one of two target areas during school hours on weekdays. The presence and activity of these officers resulted in modest but consistent reductions in the number of criminal incidents reported in the target area. An untreated control area showed no consistent changes in the rates of criminal incidents. Issuance of juvenile citations appears to be a modestly effective crime control technology which may be implemented in a cost-efficient manner.     

Process-related and criminalistic problems of forensic medicine experts in criminal offenses

The Stockholm Syndrome seems to be an automatic, probably unconscious emotional response to the traumatic experience of being a victim. It affects hostage and hostage-taker alike and serves to unite both, being victims of the siege environment, against outsiders. This positive emotional bond between victim and subject is a defense mechanism of the ego under stress. The priority in dealing with hostage situations is the survival of all participants. The Stockholm Syndrome may save the life of victim and subject alike, as it reduces the subjects tendency towards violence and thus the possible necessity for a seizure by the security forces.     

Gender disparity in criminal offenses among persons of high IQ

Criminologists have largely neglected deviance among those with high IQs. This work uses Towers's (1988) concept of conventional genius to analyze how deviant behavior varies by gender among genius offenders. Like Bisi (2002), the authors expect female patterns of deviance to be lower than that for males even within this genius sample. Their work finds that male geniuses are significantly more likely to self-report ever having committed violent felonies. Among the authors' conventional genius sample of university students, gender differences in nonviolent felonies, misdemeanor offenses, and unethical behaviors are not significantly different between the female and male respondents.     

Claims of amnesia for criminal offenses: psychopathology, substance abuse, and malingering

The forensic psychiatric examiner often encounters defendants who deny memory for their offense. Past research proposes a variety of factors to account for offense amnesia. To date there have been few systematic studies of offense amnesia in relation to psychiatric diagnosis, either alone or in combination with other known factors such as substance use and malingering. We studied 53 pretrial felony defendants who had been referred for psychiatric examination; 40% claimed amnesia for their offense. Examinees with psychotic disorders in general, and schizophrenia in particular, were relatively less likely to claim amnesia than were examinees with other diagnoses. Substance use at the time of the offense and associated substance use disorder diagnoses were positively associated with offense amnesia. Malingering diagnosed by general clinical criteria was a poor predictor of amnesia claims. These data suggests that two prominent reasons for referral for forensic psychiatric evaluation include the presence of psychotic symptoms and claims of amnesia for the offense.     

也论法条竞合犯

一、法条竞合犯的特征 在我国刑法理论上,一般无\"法条竞合犯\"的称谓,而只有\"法条竞合\"(又称法规竞合、法律竞合)的概念.这是因为,我国刑法学者普遍认为,法条竞合是揭示刑法不同条文(款)所规定的犯罪构成要件在内涵和外延上有重合交叉关系的一个概念,说明的是刑法分则体系的某种特殊结构,法条竞合不是一种犯罪形态.但正如有的学者指出,任何犯罪形态都是一种法律现象,最终都要涉及适用法条定罪量刑的问题,法条竞合犯说明实际发生的犯罪行为,如何具体触犯相互竞合的法条,是从动态的角度揭示刑法分则内部条文的实际联系[1].因此,\"法条竞合犯\"范畴的提出具有积极意义,在罪数形态中研究法条竞合犯也是十分必要的.     

论刑法分则中的法定拟制

在我国刑法分则中，有一部分属于拟制条款。本文对刑法之所以规定拟制条款的原因、拟制条款蕴涵的消极因素以及如何规范和使用拟制条款等问题进行了相应的分析和论证。     

Some samples of weapons and instruments used as weapon in criminal offenses in Turkey

The variety of instruments used for crime of violence is wide. Besides the manufactured legal weapons, there are comparable numbers of purchased instruments, which are used as lethal weapons and significant numbers of comprising home-made ones.The instruments used during the commission of a crime shows similarity throughout the countries. Nevertheless, there are small differences to be seen.The topic of this subject features the types of weapons used in criminal offenses in Turkey.     

罪刑法定与刑法解释的冲突

公正是刑法精神的核心.作为一种观念,罪刑法定在价值选择上偏向于刑法的安全性,重视形式公正;作为一种司法实践活动,刑法解释的最高价值目标是如何冲破罪刑法定的束缚以实现实体公正.罪刑法定与刑法解释于是出现了两种冲突:在现实中,刑法的稳定性与社会无穷发展的矛盾,使刑法解释在某些方面不可避免地要背离罪刑法定;但依法治原则,如何以牺牲最小的实体公正来换取形式公正应成为法治国家刑事司法的最高理念.     

Should the United States adopt a national substantive criminal code for serious offenses?

This article addresses the policy question: should the United States adopt a national substantive criminal code for serious offenses? Strangely enough, this issue has never been thoroughly considered. The author suggests that the current mobility of Americans requires a fresh look at the many issues involved, a number of which are raised and discussed. His conclusion is that careful consideration of the desirability and feasibility of a national code is now overdue.     

A neural network applied to criminal psychological profiling: an Italian initiative

The author presents a brief discussion of criminal profiling followed by an introduction to the Italian Neural Network for Psychological Criminal Profiling (NNPCP) project. This project, based on a so-called neural network and data mining, is an innovative technique being developed with the intention of extending criminal profiling to single serious crimes through the use of a computerized database.     

Integrating the study of criminal justice and literature

The best interdisciplinary courses are those that not only expand a student’s consciousness but also increase a student’s options. A course in criminal justice and literature can give criminal justice students a broader philosophical basis for work in their profession and metaphors for understanding their discipline. For humanities students, it can reveal the extent to which literature reflects social conditions and criminal justice theories and practices. With this in mind, the authors, professors of criminal justice and English, respectively, designed and taught an experimental course that integrates topics in criminal justice with topics in literature. This article details the philosophies and goals behind this undertaking and describes the specific course objectives, readings and other instructional materials used, and the teaching methods and evaluation procedures employed. Also included are the results of a research survey which explored student perceptions of and reactions to the course. The article concludes by offering suggestions and cautionary advice that would be helpful for those interested in setting up such a curriculum.     

“亲亲相隐”对现代刑事法治基础的启迪

尽管古今中外亲亲相隐因其历史发展阶段、法律文化传统的差异而表现形式有所不同,然而,通过对其纵横的比较研究可以发现,亲亲相隐的共通之处在于其所赖以成长的沃土是现代刑事法治建设的最基本价值基础和社会伦理基础,也是现代刑事法治运行的基础、核心与灵魂.因此,就现代刑事法治建设与运行而言,对该片沃土的研究、开发与利用将具有重大的现实意义.     

The use of neuroscientific evidence in the courtroom by those accused of criminal offenses in England and Wales

This examination of the extent of the use of neuroscientific evidence in England and Wales identifies 204 reported cases in which such evidence has been used by those accused of criminal offenses during the eight-year period from 2005–12. Based on the number of reported cases found, the use of such evidence appears well established with those accused of criminal offenses utilizing such evidence in approximately 1 per cent of cases in the Court of Appeal (Criminal Division). Neuroscientific evidence is used to quash convictions, to lead to convictions for lesser offenses and to lead to reduced sentences. In addition, cases are identified where neuroscientific evidence is used to avoid extradition, to challenge bail conditions and to resist prosecution appeals against unduly lenient sentences. The range of uses identified is wide: including challenging prosecution evidence as to the cause of death or injury, challenging the credibility of witnesses and arguing that those convicted were unfit to plead, lacked mens rea or were entitled to mental condition defenses. The acceptance of such evidence reflects the willingness of the courts in England and Wales to hear novel scientific argument, where it is valid and directly relevant to the issue(s) to be decided. Indeed, in some of the cases the courts expressed an expectation that structural brain scan evidence should have been presented to support the argument being made.