疑似失踪人员案件现场勘查探析

血迹是命案现场上常见的痕迹之一。在整个破案过程中，分析案发现场的血迹，研究其规律特点，揭示同案件之间的内在联系，对于我们确定案件性质，认定杀人凶器，分析作案过程，揭露现场伪装，寻找杀人现场，刻画犯罪嫌疑人，肯定和否定嫌疑对象等都起着十分重要的作用。本研究以一起失踪人员疑似被害的案件为例，通过案件的回顾与详细分析研判，以期为疑似失踪人员案件的现场勘查与侦破提供借鉴意义。     

Commotio cordis as a result of a fight: Report of a case considered to be imprudent homicide

Commotio cordis is a clinic-pathological syndrome related to sudden death in young people involved in sports activities. It has been described, mainly, in athletes without previous cardiac anomalies who received a minor blow to the chest which produces ventricular fibrillation and cardiac arrest in the absence of structural damage to the ribs, sternum, or heart. There are few reported cases of commotio cordis associated with violent, non-sports related actions, which are commonly considered to be imprudent homicides. We present the case of a 20-year-old man, who was kicked in the chest during a fight; he suddenly collapsed although advanced cardio-respiratory resuscitation started shortly. Autopsy showed no cardiac lesions concluding that death was due to commotio cordis (blunt trauma to the chest). Toxicological analysis determined the presence of 5.14 mg/L benzoylecgonine in blood. On the basis of medico-legal investigation, the official prosecution considered the death to be imprudent homicide and the aggressor was sentenced to 4 years in prison. We emphasize the importance of the knowledge of the death circumstances through the witnesses’ testimony, prior to beginning the autopsy, to confirm this important medico-legal diagnosis. Arrhythmogenic effects of cocaine and its contribution in the production of these deaths are also exposed.     

Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

英国盎格鲁—撒克逊时代对杀人和伤害行为的法律规制——以古代中国为参照

人类早期的法律最能体现民族的本性,也最能揭示其法律传统的特色。通过对盎格鲁—撒克逊时代杀人和伤害行为法律规制的考察,兼与历史发展同期的中国法相对照,我们发现,盎格鲁—撒克逊社会主要认可民间解决问题的方法,肯定"私力救济",反映了当时英格兰国家权力因素还没有占据了绝对上峰,社会成员享有较多的"个人自治"空间。中国采取的是自上而下命令式的解决途径,明显带有压迫性,从而扼制了人民权利与自由意识的发展。     

命案追逃工作机制分析

提高命案侦破能力,实现"命案必破"的目标,是摆在公安机关当前的一个重大任务。目前,在故意杀人等严重刑事案件中,犯罪分子作案手段和方法出现了新特点、新趋势。公安机关应根据新变化,把握新特点采取相应措施,不断提高侦破命案能力,努力实现"命案必破"。     

Beyond the Social Production of Homicide Rates: Extending Social Disorganization Theory to Explain Homicide Case Outcomes

This paper examines the intersection of social disorganization at a community level with responses to crime. In contrast to other works examining the impact of social disorganization on the production of crime rates, we examine the role of social disorganization theory in responses to crime rates (i.e. the arrest and conviction of perpetrators of crime). In an effort to examine these dynamics, we use law enforcement data from Cleveland, Ohio to explore the role of social disorganization in the ability of police and the courts to respond to homicide cases. Such an examination suggests not only how far the law extends in community responses to homicide but also reveals an extension of social disorganization theory beyond its established role in explaining the production of crime rates.     

POVERTY,INFANT MORTALITY,AND HOMICIDE RATES IN CROSS-NATIONAL PERSPECTIVE: ASSESSMENTS OF CRITERION AND CONSTRUCT VALIDITY*

This article assesses the extent to which the infant mortality rate might be treated as a “proxy” for poverty in research on cross-national variation in homicide rates. We have assembled a pooled, cross-sectional time-series data set for 16 advanced nations from the 1993–2000 period that includes standard measures of infant mortality and homicide and contains information on the following commonly used “income-based” poverty measures: a measure intended to reflect “absolute” deprivation and a measure intended to reflect “relative” deprivation. With these data, we assess the criterion validity of the infant mortality rate with reference to the two income-based poverty measures. Also, we estimate the effects of the various indicators of disadvantage on homicide rates in regression models, thereby assessing construct validity. The results reveal that the infant mortality rate is correlated more strongly with “relative poverty” than with “absolute poverty,” although much unexplained variance remains. In the regression models shown here, the measure of infant mortality and the relative poverty measure yield significant positive effects on homicide rates, whereas the absolute poverty measure does not exhibit any significant effects. The results of our analyses suggest that it would be premature to dismiss relative deprivation in cross-national research on homicide, and that disadvantage is conceptualized and measured best as a multidimensional construct.     

Toxicology and Circumstances of Death of Homicide Victims in New South Wales, Australia 1996–2005

Abstract:  To determine the prevalence and circumstances of psychoactive substances amongst homicide victims, 485 consecutive cases autopsied at the NSW Department of Forensic Medicine (1/1/1996–12/31/2005) were analyzed. Substances were detected in 62.6% of cases, and illicit drugs in 32.8%. Alcohol, cannabis, opioids, and psychostimulants were most commonly detected. Alcohol and cannabis were both more prevalent amongst males. Mean ages were significantly younger for decedents who tested positive for a substance and for an illicit drug. Cases where death resulted from a physical altercation were more likely to have had alcohol and cannabis present. Illicit drugs were prominent amongst firearms deaths. The proportion of alcohol positive cases increased from 25.0% on Monday to 49.4% for Saturdays/Sundays. Alcohol was more common in incidents in the 0001–0600 h and 1800–2400 h periods. Psychoactive substances appear to substantially increase the risk of homicide, although there are important differences between drug classes in the circumstances of such incidents.     

“命案必破”辨思

公安部自2004年提出“命案必破”号召至今，期间几次重中其重要性与坚持的决心。地方公安机关也纷纷采取措施响应该号召，力求实现这一目标。实践表明，命案必破确在命案本身的侦破上；另一方面在带动其他案件的侦破以及提高打击刑事犯罪的整体能力上体现出了积极效果。命案的侦破不能逾越认识规律和正当法律程序这两个界限，否则“命案必破”号召的初衷将难以实现。     

IMMIGRATION AND CRIME IN AN ERA OF TRANSFORMATION: A LONGITUDINAL ANALYSIS OF HOMICIDES IN SAN DIEGO NEIGHBORHOODS, 1980–2000*

Emerging research associated with the “immigration revitalization” perspective suggests that immigration has been labeled inaccurately as a cause of crime in contemporary society. In fact, crime seems to be unexpectedly low in many communities that exhibit high levels of the following classic indicators of social disorganization: residential instability, ethnic heterogeneity, and immigration. But virtually all research conducted to date has been cross-sectional in nature and therefore unable to demonstrate how the relationship between immigration and crime might covary over time. This limitation is significant, especially because current versions of social disorganization theory posit a dynamic relationship between structural factors and crime that unfolds over time. The current study addresses this issue by exploring the effects of immigration on neighborhood-level homicide trends in the city of San Diego, California, using a combination of racially/ethnically disaggregated homicide victim data and community structural indicators collected for three decennial census periods. Consistent with the revitalization thesis, results show that the increased size of the foreign-born population reduces lethal violence over time. Specifically, we find that neighborhoods with a larger share of immigrants have fewer total, non-Latino White, and Latino homicide victims. More broadly, our findings suggest that social disorganization in heavily immigrant cities might be largely a function of economic deprivation rather than forms of “neighborhood” or “system” stability.