凶杀案件现场勘查

凶杀案件现场勘查是刑事案件技术侦查的重要环节。现场勘查的好与坏,直接关系到案件侦破的成败、案件的定性处理及刑事诉讼活动的进行。在现场勘查时,要评估死者是死于谋杀、自杀还是事故,并分析其死亡原因。勘查时,要注意搏斗痕迹、武器位置。犯罪现场的尸检要由专业人员进行。     

Something Old,Something New: Revisiting Competing Hypotheses of the Victimization-Offending Relationship Among Adolescents

This study revisits a familiar question regarding the relationship between victimization and offending. Using longitudinal data on middle- and high-school students, the study examines competing arguments regarding the relationship between victimization and offending embedded within the “dynamic causal” and “population heterogeneity” perspectives. The analysis begins with models that estimate the longitudinal relationship between victimization and offending without accounting for the influence of time-stable individual heterogeneity. Next, the victimization-offending relationship is reconsidered after the effects of time-stable sources of heterogeneity, and time-varying covariates are controlled. While the initial results without controls for population heterogeneity are in line with much prior research and indicate a positive link between victimization and offending, results from models that control for time-stable individual differences suggest something new: a negative, reciprocal relationship between victimization and offending. These latter results are most consistent with the notion that the oft-reported victimization-offending link is driven by a combination of dynamic causal and population heterogeneity factors. Implications of these findings for theory and future research focusing on the victimization-offending nexus are discussed.     

Police accountability and the Irish law of evidence

Common law courts have differed on whether and to what extent an exclusionary rule should be used as a tool to impose standards on the police. The Irish courts have pursued an uncompromising approach in this area. Basing themselves on the imperative of upholding the constitutional rights of the accused, they have been willing to exclude relevant and cogent evidence on the basis that it was obtained by the police in breach of those rights. This article locates the Irish constitutional exclusionary rule in the broader context of the role of the law of evidence in police governance. Citing specific examples from the Irish legislation and case law, it shows how recent legislative interventions and some judicial hesitancy have fuelled inconsistent and contradictory trends. It concludes that there is now a pressing need for reflection on the respective roles of the legislature and the courts in this area.     

Policy,Practicalities, and PACE s. 24: The Subsuming of the Necessity Criteria in Arrest Decision Making by Frontline Police Officers

PACE, as amended by the Serious Organised Crime and Police Act 2005, establishes a complex framework of factors that police officers must consider during arrest decision making. Officers must possess a reason to arrest, it must be necessary to arrest for that reason, and they must give at least a ‘cursory consideration’ to alternatives. Based on a four‐year ethnographic study of frontline officers from two forces in Northern England, we argue that the 2005 reforms have not achieved their aims. The new regime tasks officers with undertaking a complex legal assessment prior to arrest, but officers are often confused about the necessity criteria which, moreover, is typically a minor consideration in contrast to demanding practical and policy pressures. This means that unlawful and non‐human‐rights‐compliant arrests continue to be regularly made and, equally significantly, many suspects are escaping the criminal justice system because officers are not considering arrest alternatives.     

Public Mass Murderers and Federal Mental Health Background Checks

The litany of public mass murders, from Aurora, Newtown, Charleston, Las Vegas, and Parkland to less well‐known incidents that occur yearly, has focused national attention on federally mandated mental health background checks of prospective gun purchasers. The call has been to put more gun‐disqualifying mental health records into the National Instant Criminal Background Check System database to prevent “deranged” murderers from buying guns and running amok. Our study examines whether increasing the robustness of the mental health background database will likely prevent potential public mass murderers from buying guns. Building on research that shows that serious mental illness contributes little to the risk of interpersonal violence and, further, that few persons with serious mental illness acquire gun‐disqualifying mental health records, we examine whether public mass murderers are among the small percentage of those with serious mental illness who do have gun‐disqualifying mental health records. Using a large sample of 106 US offenders who used a firearm to commit a public mass murder from 1990 to 2014, we find that half of the offenders had a history of mental illness or mental health treatment but that less than 5 percent had gun‐disqualifying mental health records. Implications of these findings and recommendations for further research are discussed.     

Identifying the Needs of American Indian Women Who Sought Shelter: A Practitioner-Researcher Partnership

American Indian women across all ages are significantly more likely than women of other ethnic groups to be victims of domestic violence, sexual assault, and stalking. Despite their increased risk of interpersonal violence, there are few published studies or reports that explicitly examine the needs of victimized American Indian women. Therefore, both researchers and service providers know very little about the multifaceted needs of victimized American Indian women and whether current community services are meeting the needs of victimized native women. Identifying such needs is a logical next step so that victim service agencies can develop and effectively provide services tailored to victimized American Indian women. This commentary addresses these gaps by (1) identifying the needs of American Indian women in a domestic violence shelter in Arizona, and (2) highlighting the researcher-practitioner partnership that made it possible to gain access to these victims. Drawing on survey responses from 37 American Indian female clients and interviews with 10 staff members, the findings reveal that the domestic violence agency service provider is meeting many of their needs. Findings also indicate that clients have a wide variety of specific personal needs (e.g., safety, housing, transportation), needs relating to their children (e.g., safety, education, socialization), community needs (e.g., relating to their tribe), as well as legal needs (e.g., help obtaining a restraining order or divorce). These multifaceted needs are discussed and specific recommendations are provided for successful researcher-practitioner partnerships.