Victim participation in criminal trials in Japan

Since 2000, the Japanese Code of Criminal Procedure has been revised twice to introduce into criminal trials two systems of victim participation: the Victim’s Statement of Opinion (VSO) and the Victim Participation System. This study addresses the impact of those systems on decision-making in criminal trials, with special focus on the impact on sentencing. Following a literature review are the early findings from my psychological experiment which focuses on sentencing by lay judges. The results indicate that information concerning crime victims does have an impact on sentencing, but it is immaterial whether or not the information is submitted through recently introduced systems. Evaluations of those systems from the perspectives of crime victims also indicate that they tend to evaluate at least the VSO positively, regardless of the statements’ perceived lack of impact on the outcome.     

论毒品犯罪案件的证据

毒品犯罪案件有许多不同于普通刑事案件的特殊性，毒品案件中的证据又具有相对的单一性，必须当场缴获毒品和毒资才能证实犯罪。本文结合缉毒侦查中的具体情况，强调办理毒品案件必须增强证据意识，要把握好破案的时机，适时取证；收集证据一定要十分仔细，获取的证据应做好固定保全工作，并特别注意取证的合法性；采用技术侦察手段须把握住一条底线：不得诱人犯罪；应正确运用推定规则判定“明知”，对推定结论允许以确凿的事实予以反驳。     

论毒品犯罪案件的证据

毒品犯罪案件有许多不同于普通刑事案件的特殊性,毒品案件中的证据又具有相对的单一性,必须当场缴获毒品和毒资才能证实犯罪。本文结合缉毒侦查中的具体情况,强调办理毒品案件必须增强证据意识,要把握好破案的时机,适时取证;收集证据一定要十分仔细,获取的证据应做好固定保全工作,并特别注意取证的合法性;采用技术侦察手段须把握住一条底线:不得诱人犯罪;应正确运用推定规则判定"明知",对推定结论允许以确凿的事实予以反驳。     

论刑事非法证据排除规则

非法证据排除规则是个人本位,强调尊重人权和对人的道德关怀的历史产物,是对控制犯罪、保障人权这两大价值目标权衡、妥协的产物,是一国诉讼制度民主、文明与否的试金石。由于历史和现实的原因,我国是一个社会本位,忽视个人权利和人格尊严的东方大国,刑事诉讼中非法取证现象非常普遍。如何在我国特殊的历史文化条件下,建构一个中国式的排除规则,成为刑事证据立法的热点和难点,本论文力图勾勒其基本框架。     

Decision making in joined criminal trials: The influence of charge similarity,evidence similarity,and limiting instructions

The present research investigated decision-making processes in joined trials of multiple offenses. Subjects judged videotaped trials of three joined charges in a factorial design that varied charge similarity, evidence similarity, and judges' instructions designed to reduce judgement biases; or judged one of several charges presented individually. The results indicated that subjects were more likely to convict a defendant in a joined trial than on the same charge tried by itself, particularly when the charge was presented in the third position. Convictions were more frequent when joined charges were similar, and judges' instructions significantly reduced conviction rates. Subjects judging joined trials confused evidence among charges, rated the prosecution's evidence as stronger, and rated the defendent less favorably than subjects judging single trials. The findings were compared statistically to the results of previous research, and it was concluded that increased convictions in joined trials are robust effects.This research is based on part of a doctoral dissertation by S. Tanford at the University of Wisconsin. The research was supported by National Institute of Justice Grant No. 81-LJ-CX-0048 to S. Penrod.     

德国刑事诉讼法中的证据使用禁止

本文从批判性的视角概述了德国刑事诉讼法中关于证据采纳或者说是关于证据禁止的问题。证据禁止区分为非自主性证据使用禁止和自主性证据使用禁止。非自主性证据使用禁止可能是由于公诉中初步侦查时的取证错误导致的。就是否适用非自主性证据使用禁止这一问题,德国司法官会从几个方面加以考虑,例如,犯罪的严重性或者是取证错误的严重性。自主性证据使用禁止是由于侵犯了个人隐私。例如,私人日记不能作为证据使用。     

The effects of stealing thunder in criminal and civil trials

The effectiveness of a persuasion technique referred to asstealing thunder was assessed in two simulated jury trials. Stealing thunder is defined as revealing negative information about oneself (or, in a legal setting, one's client) before it is revealed or elicited by another person. In Study 1, 257 college students read or heard one of three versions of a criminal assault trial in which a damaging piece of evidence about the defendant was absent (no thunder), brought up by the prosecutor (thunder), or brought up by the defense attorney and repeated by the prosecutor (stolen thunder). In Study 2, 148 college students heard a civil negligence trial in which damaging evidence about the key plaintiff's witness was absent (no thunder), brought up by the defendant's attorney (thunder), or brought up by the witness himself (stolen thunder). In both studies, stealing thunder significantly reduced the impact of the negative information. A path analysis of the processes underlying the effect suggested that verdicts were affected because of enhanced credibility.Often a difficult decision in opening statements is whether, and if so how, to volunteer weaknesses. This involves determining your weaknesses and predicting whether your opponent intends to use them at trial. There is obviously no point in volunteering a weakness that would never be raised at trial. Where, however, that weakness is apparent and known to the opponent, you should volunteer it. If you don't, your opponent will, with twice the impact. (Mauet, 1992, pp. 47–48)We would like to thank Michelle Cox, Gim Koay, Dana Koay, and Ralph Mueller for their helpful input. Thanks also to Irv Horowitz and Steve Karau for their comments on earlier drafts.     

Storage time for criminal trace evidence

The article discusses the question if and under what conditions trace evidence may be stored for DNA analysis. The authors report on several cases in which methodological improvements or even the introduction of DNA technology itself helped to identify the perpetrator or to rule out a suspect, who may already have been wrongly convicted, many years after the offence. Under medical and scientific aspects these cases seem to speak in favour of unlimited storage. German law does not contain explicit regulations on the storage of trace evidence of unknown origin, although it seems admissible under existing law. In view of a minor need of protection as against a high interest in the preservation of trace evidence, storage for an unlimited period of time seems necessary.     

浅谈刑事非法证据排除规则的设立

刑事非法证据排除规则是刑事被诉人人权保障制度极为重要的组成部分,是被诉人人权保障制度研究不能回避的重大课题。本文论述了我国刑事非法证据排除规则制度的现状及不足,提出了设立刑事非法证据排除规则的建议。     

A statistical model examining repetitive criminal behavior in acts of violence

A simple statistical model for examining repetitive criminal behavior in acts of violence is described. The units, called "parameters," are nonquestionable data concerning environment of the crime, personal properties, and postmortem findings of the victim, obtained by double-blind investigation performed by two forensic pathologists. Parameters shared by two or more criminal acts allegedly committed by the same assailant were compared with the same parameters recorded from 50 or 100 other mutually independent criminal acts committed by other known assailants. This allowed an evaluation of the probability (p) of a crime pattern expressed as a parameter score to recur in mutually independent cases. The distribution of the score, when plotted on a logarithmic scale in all examples, showed an approximately normal distribution. The relation between probability (p), the estimated mean (means), and standard deviation (SD) yielded a normal curve. Different patterns of action by different perpetrators and patterns indicating repetitive behavior could be obtained. The method is applicable during investigation of crimes in which the perpetrator acts in a repetitive manner, as in serial murders.     

The use of neuroscientific evidence in Canadian criminal proceedings

This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.     

刑事被告人证明责任研究

根据无罪推定原则 ,控诉方承担证明被告人有罪的责任 ,被告方不承担证明责任 ,这是一项基本原则。但证明责任包括证明有罪的责任和证明无罪的责任 ,被告方不承担证明有罪的责任是绝对的、无条件的 ,在某些特殊情况下 ,被告方仍要承担提出证据证明自己无罪的局部责任 ,这在许多诉讼制度和证据法发达的国家和地区成为普遍认可的实践。我国对此应予以借鉴 ,它符合诉讼合理主义的要求 ,具有一定的理论依据 ,即刑事政策、证明难易、诉讼效率。     

刑事非法证据排除规则的构建——兼论检察机关的适用

一、构建刑事非法证据排除规则的价值 (一)刑事非法证据与刑事非法证据排除规则 1、刑事非法证据的界定。关于刑事非法证据的含义,主要有三大学说:广义说认为,所谓刑事非法证据(为简便起见,以下所述非法证据皆为刑事非法证据)是指证据材料的主体、来源、形式、取得的程序和手段等不符合法律规定的条件和要求的证据。狭义说认为,所谓非法证据是指以违反法律规定的手段和方式取得的证据,即广义说中的手段不合法的证据。中义说介于广义说和狭义说之间,该说认为,非法证据是指侦查人员违反法律规定的程序或方法而获得的证据。包括广义说中的程序不合法和手段不合法两种证据。     

Mock trials: A participatory views of the criminal justice process

“The whole art of teaching is only the art of awakening the natural curiosity of young minds for the purpose of satisfying it afterwards.” (France, 1881) This quote from The Crime of Sylvester Bonnard, the first novel of the Nobel Prize Winner, Anatole France, emphasizes a primary goal of teaching: awakening and satisfying natural curiosity. While most educators might agree with France’s assessment of educational goals, there seems to be less consensus on how this goal can best be achieved. Just as teachers differ so do teaching strategies. Obviously a variety of strategies can and should be utilized to attain the goal of facilitating learning by students. One of the proven instructional methods which can be utilized is simulation. It offers the opportunity for effective instruction at all levels of education from primary grades through professional schools. In criminal justice education, the use of simulation can provide students with an exciting opportunity to experience “real world” situations in the classrooms. It offers a chance for students to satisfy their natural curiosity through role play. This article describes the development and implementation of a mock trial course at Jacksonville State University.