Contesting policy that undermines restorative justice for victims of crime☆

A policy provision in the Criminal Victim Assistance Program in British Columbia excludes the offender from participating in restorative justice approaches with the victim (and other affected parties) during counseling. A historical analysis of victim responses to crime shows that the victim experience to crime is socially constructed. In this regard, this policy act that excludes offenders from the victim healing process is consistent with a traditional approach to justice, which understands the offender to have committed a crime against the state, not the victim; however, separating the offender from the healing process is problematic within a restorative framework of justice where relationality is a central premise. Using a restorative lens, this policy act is contrary to an accompanying statute that has explicit provisions for counseling support for crime victims, as well as other statutes that provide for restorative responses to crime in Canada. The way we counsel and support victims from the harms created by crime cannot be separated from our view of justice.     

Fatality During Servicing of Fire Extinguisher

Fire extinguisher is an integral part of emergency responses to small fires. Different types of fire extinguisher exists; cartridge‐based fire extinguisher is commonly used. Despite their intended use for safety, such devices can become dangerous if not properly handled or maintained. This case report describes the death of a soldier from the explosion of a cartridge‐based fire extinguisher during routine servicing. The case is the first reported in the medical literature. A safety device like fire extinguisher can become dangerous if not handled with care and due steps should be taken for the maintenance of such devices before being operated in the public domain.     

试论信赖原则在认定交通事故责任中的运用——兼评新近修订的《道路交通安全法》

信赖原则是指当行为人实施某种行为时，如果可以信赖被害人或者第三人能够采取相应的适当行为的场合，由于被害人或者第三人不适当的行为而导致结果发生的，行为人对此不承担责任的原则。关于我国能否适用信赖原则有肯定说和否定说之争。我们认为，信赖原则在我国目前的法律法规和司法解释中已有所体现，目前的问题是如何正确适用。正确适用信赖原则需要考虑很多因素，如交通双方条件、事故发生的具体环境、行人一方的具体情况、机动车一方能否预见和避免等。现行信赖原则的有关法律规定还有待进一步完善。     

自杀的认定及其相关行为的刑法评价

刑法中认定自杀有主客观两方面要求。在主观方面,被害人不仅应当认识到并且意欲死亡结果发生,而且必须自愿地、也即自主决定地选择了死亡。对于自愿性的判断应当以有效承诺的主观要件为标准。重大的动机错误同样导致不能成立自杀。此外,被害人还必须客观上事实性地支配着直接导致死亡的行为,在将不可逆转地造成死亡结果的最后关键时刻自己控制着事态的发展。自杀本身并非刑事不法行为,教唆或帮助自杀、对自杀者不予救助或者过失导致他人自杀等自杀相关行为也不应受到刑事处罚。     

An autopsy case of heart rupture from a scooter accident with 3 riders

A 15-year-old male died of cardiac rupture due to blunt chest trauma from a traffic accident involving a low-speed scooter carrying 3 people and a head-on collision with a tree. The victim was sitting on the footrest of the scooter. It was concluded that the victim was compressed between the handlebar of the scooter and the other 2 passengers, causing cardiac ruptures via bidirectional compression and intravascular hydrostatic pressure. The victim may have served as a cushion for the other 2 passengers, who were not thrown from the scooter and sustained only minor injuries.     

Fatal blunt trauma of the larynx in a child

We report an autopsy case of an 11-year-old girl who suffered mechanical asphyxia from falling off the metal bars in the playground. This autopsy case is interesting because of the atypical trauma and lesions. To our knowledge there has been no similiar published case reports in the forensic literature. The young age of the victim, the setting and the pattern of the injuries are rare in a fall at playground by a child.     

Punched with a fist: the etiology of a fatal depressed cranial fracture

We report a case in which a 33-year-old man was discovered unconscious following a fistfight with another man. Emergency neurosurgical efforts to repair a depressed temporoparietal skull fracture and associated brain injuries were unsuccessful. The forensic anthropologist and pathologist worked in tandem to sort out a complex combination of cranial evidence, including healed antemortem trauma, perimortem blunt force trauma, remote and recent neurosurgical intervention, and the craniotomy cut performed at autopsy. The victim had suffered head injuries and a right temporoparietal craniotomy ten years prior to death. The perimortem cranial fractures were centrally located within a surgically repaired roundel of bone involving portions of the right temporal and parietal bones. Reportedly, the victim was punched on the right side of his head as he was lying on the ground with the left side of his head against an asphalt surface. A primary question in the case was whether a blow with a fist could have produced the observed cranial injuries. To adequately answer that question, known data on the minimum amount of force required to fracture the temporoparietal region were compared to data on the amount of force generated by a blow with a fist. A biomechanics expert demonstrated that a single blow with a fist to the rigidly supported head of the victim could generate the required force to produce the observed fractures. The previous medical condition possibly predisposed the victim to the cranial fractures and contributed to the depressed nature of the fractures. Although depressed cranial fractures do not typically result from a blow with a fist, it was determined in this case that the fracture pattern was consistent with a punch to the head.     

论我国对性犯罪被害人特别保护的完善——基于现状分析

性犯罪从根本上损害被害人人格尊严,使被害人难以从创伤中恢复,因此,相当多的国家均对性犯罪被害人采取特殊的保护方式。而在我国目前,不论是立法还是司法,都还未意识到性犯罪被害人的特殊性,从而表现出多方面的迟滞,这对我国建构完善的法律体系非常不利。     

共同危险侵权责任之法律重构———按份责任对连带责任的替代简

尽管受害人无法确定共同危险侵权的具体加害人，但从对危险行为人进行惩罚和重点保护受害人理念出发，法律应规定由所有危险行为人对受害人的损害承担责任。在确定共同危险侵权人承担责任前提下，需要进一步研究哪种责任承担方式更为合理。共同危险侵权承担连带责任客观说将危险侵权人承担责任的基础当做危险行为人承担连带责任的基础，混淆了二者的区别。共同危险侵权入主观上不存在共同故意，也不存在共同过失，行为人承担连带责任主观说理论依据不足。危险侵权入承担按份责任有利于受害人和行为人利益保护的平衡，应当成为法律之选择。共同危险侵权人责任份额确定的因素主要有行为人过错的强弱、致害几率的大小等，无法确定情况下应该承担均等份额的责任。     

Mental health in violent crime victims: Does sexual orientation matter?

The present study investigates victim sexual orientation in a sample of 641 violent crime victims seeking emergency medical treatment at a public-sector hospital. Victim sexual orientation was examined as it: (a) varies by type of violent crime and demographic characteristics, (b) directly relates to psychological symptoms, and (c) moderates the relationship between victim and crime characteristics (i.e., victim gender, victim trauma history, and type of crime) and psychological symptoms (i.e., symptoms of acute stress, depression, panic, and general anxiety). Results showed that lesbian, gay, bisexual, and transgender (LGBT) victims were more likely to be victims of sexual assault. Heterosexual victims were more likely to be victims of general assault and shootings. LGBT victims demonstrated significantly higher levels of acute stress and general anxiety. Moreover, victim sexual orientation moderated the association of type of crime with experience of panic symptoms. Also, victim sexual orientation moderated the relation of victim trauma history and general anxiety symptoms. Results are discussed in relation to victimization prevalence rates, sexual prejudice theory, and assessment and treatment of violent crime victims.     

Venous air embolism in homicidal blunt impact head trauma. Case reports

From 1992 through 1997, there were 41 deaths by homicidal blunt impact head trauma in Hillsborough County, Florida. Twenty-one cases were excluded from the study because of putrefaction or survival beyond the emergency department doors, leaving 20 cases for the study. One of the 15 nonputrefied victims found dead at the scene and 1 of the 5 victims pronounced dead in the emergency department had definite venous air embolism. Victim 1 was found dead, bludgeoned with a concrete block, and had open vault and comminuted basilar skull fractures. The dura forming the right sigmoid sinus at the jugular foramen was lacerated. A preautopsy chest radiograph and examination under water documented gas in the pulmonary artery and right ventricle. Victim 2 was bludgeoned with a steel stake and was pronounced dead on arrival in the emergency department. He had open comminuted vault fractures, a transverse basilar skull fracture, and lacerations of the brain. Direct examination and preautopsy chest radiography revealed air in the right side of the heart. A third victim, with basilar fractures, had a small gas bubble in the pulmonary artery not detected by the case pathologist. A fourth victim, with a basilar skull fracture, had an unusual radiographic finding that was thought to be air in the posteromedial aspect of the lower lobe of the left lung but could not be excluded as an air embolus. Optimal postmortem documentation of venous air embolism includes the demonstration of the embolus and the site of air ingress. This study demonstrates that venous air embolism occurs in some victims of homicidal bludgeoning and suggests that when significant, it is easily demonstrated in the absence of putrefactive gas formation. The presence of venous air embolism can serve as evidence that a victim was alive and breathing at the time of the infliction of head wounds. In the belief that venous air embolism might be underdiagnosed in many medical examiner offices, the authors have sought to bring attention to the entity by publishing their experience with it in cases of bludgeoning.     

Juror common understanding and the admissibility of rape trauma syndrome evidence in court

Expert testimony on rape trauma syndrome has been used in sexual assault cases to corroborate the victim's complaint and to educate the jury. One of the primary arguments against the admissibility of this testimony is that it is not helpful because most jurors are adequately informed about rape and rape victim behavior. To test this assumption, a Sexual Assault Questionnaire (SAQ) was administered to experts on rape and post-traumatic stress disorder (PTSD) and two nonexpert comparison groups. Results indicated that the nonexperts were not well informed on many rape-related issues and were significantly less knowledgeable than the expert groups. The data also showed considerable consensus among the experts about the current scientific database on rape trauma. The implications of these results for the use of expert psychological testimony on rape trauma syndrome in court are discussed.     

Predicting perceptions of date rape: an examination of perpetrator motivation, relationship length, and gender role beliefs

The purpose of the current study is to examine the influence of multiple offender motivations (including no indication of a motivation), relationship length, and gender role beliefs on perceptions of a male-on-female date rape. A sample of 348 U.S. college students read a brief vignette depicting a date rape and completed a questionnaire regarding their attributions about the victim (culpability, credibility, trauma, pleasure) and perpetrator (culpability, guilt, sentencing recommendations). Results indicate that providing observers with information about the perpetrator's motivation was associated with lower victim blame. Relationship length is not predictive of rape attributions. Egalitarian gender role attitudes are associated with lower levels of victim blame. Overall, gender role attitudes exert a more significant influence on rape attributions than participant gender. The findings suggest that knowledge of an offender's motivation as well as observers' gender role attitudes can influence attributions about the culpability of victims and perpetrators of date rape.     

性被害人司法精神鉴定有关问题探讨

性被害人司法精神鉴定有关问题探讨李孝福，郑瞻培（１．安徽省黄山市第二人民医院；黄山２４５０２１；２．上海市精神卫生中心；上海２０００３０）ＡＰＲＯＢＥＯＦＳＯＭＥＰＲＯＢＬＥＭＳＲＥＧＡＲＤＩＮＧＰＳＹＣＨＩＡＴＲＩＣＥＸＰＥＲＴＩＳＥＦＯＲＳＥＸＵ...     

过失犯中被害人的作为义务与自我负责的边界

被害人自我答责理论强调自我决定,从而保障个人自由。法所关注的领域,是交往性的契约领域。非契约领域,属于个体的自治空间。刑法并不关注发生在"自我管辖领域"内的"侵害行为和侵害结果"。在自治领域,被害人应当确保"结果的不发生"。对参与被害人"自我管辖领域"内的行为,立足于限制的正犯概念和共犯的二元参与体系的概念,能够在教义学上得到准确解读。义务人在事实上有防止结果发生的可能性、义务履行与利益损害不能显著失衡、不能以生命为代价履行义务、人身保护与财产保护义务的"强制力"应当有别,是考量作为义务边界的因素。超出财产保护义务履行范围的,义务人完全进入到了自我管辖的空间。对于造成的损害结果,由被害人答责。超越人身保护义务的,应区分职业义务人与非职业义务人,分别对待。行为人创设的风险与职业义务人伤亡之间存在紧密关联之时,属于急迫性风险,由行为人答责。职业义务人正常履行职业义务的,属于职业性管辖。职业义务人发生误判之时,不能由职业义务人自我答责。无义务者实施保护行为造成损害的,应该对侵害结果自我答责。     

The association between the offender–victim relationship,severity of offence and attribution of blame in mentally disordered offenders

Abstract

The aim of this research was to investigate the association between the offender–victim relationship, severity of violence and attribution of blame for a violent act. Data were collected from 65 male psychiatric inpatients from two secure units. Participants were divided into three groups according to how well they knew their victim: victim well-known, victim acquaintance and victim stranger. Violent acts were further ranked according to offence severity. Participants were administered the Quick Test (QT) and the Gudjonsson Blame Attribution Inventory (GBAI). Although there was a trend towards higher guilt attributions when the victim was well-known to the perpetrator, this relationship was complicated by the severity of the violent act. The most severe ranking of offence (i.e. murder/manslaughter) was most common in the offender group who knew their victim well. Furthermore, guilt-feeling attributions were highest in the most severe ranking of offence. The implications of these findings for assessment and intervention programmes are considered.     

THE VICTIM-OFFENDER RELATIONSHIP AND CALLING THE POLICE IN ASSAULTS*

The revised National Crime Victimization Survey is used to examine the effects of the victim's relationship to the offender on whether assaults are reported to the police by either the victim or by third parties. The results indicate that the offender-victim relationship affects third-party but not victim reporting. The former effect occurs in part because third parties are unlikely to witness assaults involving people in ongoing relationships, particularly couples, and in part because third parties are reluctant to report minor assaults (i.e., those assaults that involve a threat but no actual attack and no weapon). We discuss possible explanations for why no effect of relationship on victim reporting was found.     

In a Violent World a Just World Makes Sense: The Case of “Senseless Violence” in The Netherlands

Recent violent incidents in The Netherlands caused nationwide debates about their purported senselessness. Building on Lerner's Just World Theory (Lerner, 1980, The Belief in a Just World. A Fundamental Delusion, Plenum Press, New York), the present experiment sought to delineate the circumstances under which violence is perceived as senseless by outside observers. Participants were more likely to perceive an act of violence as senseless and to identify with the victim when there was no opportunity to blame the victim and when the victim was uninvolved with the perpetrator. These findings suggest that acts of violence are perceived as senseless when attributional strategies fail to uphold observers' belief in a just world.     

Betrayal trauma: associations with psychological and physical symptoms in young adults

Betrayal trauma, or trauma perpetrated by someone with whom a victim is close, is strongly associated with a range of negative psychological and physical health outcomes. However, few studies have examined associations between different forms of trauma and emotional and physical symptoms. The present study compared betrayal trauma to other forms of trauma as predictors of young adults' psychological and physical symptoms, and explored potential mediators. A total of 185 university undergraduate students completed the Brief Betrayal Trauma Survey, the Trauma Symptom Checklist, the Toronto Alexithymia Scale, and the Pennebaker Inventory of Limbic Languidness. For each set of symptoms, simultaneous multiple regressions assessed the relative contributions of low versus high betrayal trauma to psychological and physical health reports. Structural equation models examined traumatic stress symptoms and alexithymia as mediators of the relationship between betrayal trauma and physical health symptoms. A total of 151 participants (82%) reported exposure to at least 1 of 11 forms of trauma queried (M = 2.08, SD = 1.94); 96 participants (51.9%) reported at least 1 betrayal trauma. Traumas characterized by high betrayal predicted alexithymia, anxiety, depression, dissociation, physical health complaints, and the number of days students reported being sick during the past month, whereas other traumas did not. Structural equation modeling revealed that traumatic stress symptoms and alexithymia mediated the association between betrayal trauma and physical health complaints. These results indicate that betrayal trauma is associated with young adults' physical and mental health difficulties to a greater extent than are other forms of trauma. Results may inform assessment, intervention, and prevention efforts.     

论诈骗罪中作出事实性说明的欺诈

诈骗罪的理论通说一般认为,实施欺诈的行为人通过虚假意思说明引起了被害人的错误认识。因此,诈骗罪中的欺诈必须是以虚假信息为前提的行为。但如果根据正常的社会交往经验和规则,从行为人的意思说明中间接得出的结论表明,他作出了符合事实的意思说明,在引起被害人错误认识的前提下,该行为同样构成欺诈。由此可见,诈骗罪中的欺诈行为并不必然以虚假信息为前提。对行为人这种作出事实性说明的欺诈,无论认知优势理论还是危险支配理论,都不能合理地理解这种行为。因此,必须从理论上对这种欺诈作出新的论证。