The Central Park Jogger Case-Police Coercion and Secrecy in Interrogation

Abstract

The prosecution and recent legal reversals in the New York “Central Park Jogger” case are discussed with a focus on the preoccupation with crime in US society and concerns regarding racial discrimination in the legal system. It is argued that the inherently coercive nature of interrogation, and the secrecy that surrounds custodial interrogation, create conditions that are ripe for abusive treatment. The phenomenon of false confession is presented and discussed with regard to the Central Park Jogger and other cases. The author advocates the recording and preservation of the entire period of custodial questioning so that there is an objective record of the interrogation methods that lead to “confession” statements.     

Novel recovery methods for biological materials in cases of alleged sexual assault: A word of caution

Many believe that an increase in the public confidence in the investigation of sexual crimes, and in conviction rates, will lead to an increase in the reporting of these crimes. Consequently, Forensic Science Providers are continually striving to make improvements in evidence recovery and examination and the subsequent interpretation of evidence. One development is in methods that enable an individual to self-sample. However, in cases where a complainant has self-sampled, questions of when the samples were taken, how they were stored and so on, can be legitimately raised. Additionally the continuity and integrity of evidential samples may be questioned resulting in them not being acceptable to the courts and potential evidence could therefore be lost. There is a large emotional and psychological impact of sexual assault and rape and no complainant who reports a sexual assault and recovers material should have that evidence inadmissible to a court. Specialised units for victims of alleged sexual violence are available and offer far more than the recovery of evidential samples. This commentary on behalf of the Faculty of Forensic & Legal Medicine (FFLM) and the Association of Forensic Science Providers Body Fluid Forum (AFSP BFF) highlights the need for after care for the victims of sexual assault and why all evidence recovered in cases of alleged sexual assault and sexual violence should be obtained in line with best practice protocols.     

The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

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性暴力灭绝种族罪构成要件分析

灭绝种族罪是指蓄意全部或局部消灭某一民族、人种、种族或宗教团体而实施的行为。灭绝种族行为是一种复行为,而性暴力时常成为灭绝种族中的战略计划的组成部分。即犯罪行为人为了达到灭绝种族的目的而采取一系列的行为,其中常见的手段就包括对异族平民特别是平民妇女实施性暴力。因此,性暴力可能构成复行为中的一个行为。国际刑法规定了五种灭绝种族罪的行为,性暴力行为符合其中的三种行为,即当性暴力作为打击某团体的手段之一以达到消灭该团体的全部或局部行为时,性暴力构成灭绝种族罪。     

Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Crimes and Security

This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two‐stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non‐ideal interpretation.     

刑法分则中的“胁迫”解读与类型化分析

胁迫是行为人通过一定的恶害相告使被害人产生恐惧来满足其不正当的要求，根据胁迫在刑法分则条文中的表现形式不同可将其分为三类：显性胁迫、同义胁迫和隐性胁迫。对于胁迫类犯罪的既遂认定应跳出传统的单一或折中模式，只有根据个罪的特性分别采取主观判断模式或客观判断模式，才能给予胁迫类个罪客观公正的评价。鉴于当前胁迫类个罪并不能满足对个体意志自由法益保护的需要，因而构建我国胁迫罪是应时之需。     

Science wars—How much risk should soldiers be exposed to in military experimentation?

With the threat of biological war becoming a more and more distinct possibility, there is a growing need for vaccines and cures for diseases. As warfare moves from the battlefield to the laboratory, the military must adapt its tactics in order to preserve national security. At the moment, soldiers consent to the risk associated with combat, but with the changing nature of war, the need may arise for soldiers to put themselves at risk not only through combat, but also through scientific experimentation, in order to produce vaccines or cures and ultimately maintain national security. By allowing soldiers to trade risk on the battlefield with risk in the laboratory, deeper research can be made into diseases and biological agents, and this would therefore lessen the threat of biological war or terrorism.     

职场性骚扰的原因分析与对策探微

职场性骚扰是具有一定危害性的社会问题,其本质是对人格尊严、人权的侵犯,它障碍了两性平等、完整享受工作待遇与发展的机会,同时也给安全与健康带来了不利影响。目前,我国反对职场性骚扰的措施还很薄弱,因此,积极探讨职场性骚扰的原因,寻找消除这一野蛮行为的对策十分必要。