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.     

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.     

Joinder of criminal offenses: A review of the legal and psychological literature

Criminal courts routinely allow a defendant to be tried for multiple charges in a single trial. The practice is known as joinder of offenses. The issue of joinder of offenses is examined from a legal and psychological perspective. Relevant court decisions and their implications are discussed. In addition, the recent research conducted by social scientists concerning the possible reasons for the prejudicial effects of joinder of offenses is critically reviewed. Suggestions are offered, based upon previous joinder research, for the direction of future research into the loci of the effect and into potential remedies.This paper is an elaboration of one presented at the annual meeting of the Academy of Criminal Justice Sciences, Chicago, March 1984.     

Empathy in sexually sadistic offenders: an experimental comparison with non-sadistic sexual offenders

Previous studies suggest that severe sexual sadism and psychopathy are phenotypically different, although both are characterized by deficits in emotional processing. We assessed empathic capacity in a sample of 12 sexual sadists in comparison with 23 non-sadistic offenders using the Multifaceted Empathy Test (MET). All participants were forensic patients under mandatory treatment orders who had committed sexual offenses. The MET is a computerized rating task that differentiates and measures cognitive and emotional components of empathy, or perspective-taking versus compassionate components. To identify the effects of possible empathy deficits caused by psychopathic traits, we controlled both samples for psychopathy as a covariate, measured by the Psychopathy Checklist-Revised (PCL-R). According to our results, sexual sadists did not differ from non-sadistic sexual offenders with regard to emotional empathy for either positive or negative stimuli. The results suggest that severe sexual sadism is a distinct, pathological sexual arousal response, not a deficit in emotional processing.     

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.     

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.     

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.     

The new ancillary offenses

This paper was originally presented at the first conference of the Society for the Reform of Criminal Law, Inns of Court, London, England, July 26–29, 1987. It constitutes part of a chapter in a larger work in progress.     

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.     

“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.     

Market offenses and limits to growth

The purpose of this article is to explore various factors that may regulate or stabilize levels in market offenses. Instead of assuming that illegal markets are ‘out of control’, evidence is advanced to demonstrate, on the contrary, that there are indeed limits to growth in criminal markets. This is presented along three principal and interconnected arguments. First, social norms limit the ability of suppliers to shape demand for illicit goods and services. Using public opinion surveys, it is concluded that the more objectionable the moral status of an illegal market, the smaller the pool of potential consumers and sellers. Second, there are considerable obstacles that confront suppliers of illegal goods and services accumulating capital and upward mobility. The consequences of product illegality inhibit the organizational growth capacities as well as the geographic expansion of illicit firms. Third, while impunity via corruptible alliances do cancel some of the effects of product illegality, this impunity is not a constant that can always be depended upon. To the extent that corruption varies across jurisdictions and over time, illegal entrepreneurs may come to realize that impunity is intrinsically limited in scope and volatile in nature and over which they essentially have very limited control. This revised version was published online in July 2006 with corrections to the Cover Date.     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

Medical criminals: Physicians and white-collar offenses

Lawbreaking by professionals remains an understudied area in the field of white-collar crime. This article presents a review of crime in the practice of medicine, focusing on the misdeeds of physicians. The role of physician power in producing such acts is analyzed from both historical and theoretical perspectives, and a brief inventory of forms of medical wrongdoing is presented. The article also considers the ways in which formal medical training can influence later wrongdoing, and discusses issues related to the control of medical crime.     

The use of pornography during the commission of sexual offenses

The goal of this study was to examine the use of pornographic materials by sex offenders during the commission of their crimes. A sample of 561 sex offenders was examined. There were 181 offenders against children, 144 offenders against adults, 223 incest offenders, 8 exhibitionists, and 5 miscellaneous cases. All but four cases were men. A total of 96 (17%) offenders had used pornography at the time of their offenses. More offenders against children than against adults used pornography in the offenses. Of the users, 55% showed pornographic materials to their victims and 36% took pictures, mostly of child victims. Nine cases were involved in the distribution of pornography. Results showed that pornography plays only a minor role in the commission of sexual offenses, however the current findings raise a major concern that pornography use in the commission of sexual crimes primarily involved child victims.