侦检一体化：刑事侦查程序构造之最优化设计

使侦查活动与当事人主义、审判为中心的刑事司法改革的目标趋于一致,是刑事侦查改革的必然趋势.实行侦检一体,实现两者职能的合一,并确定犯罪嫌疑人的诉讼主体地位,已刻不容缓.     

论侦查讯问人员语言自我形象的提高

讯问犯罪嫌疑人或询问证人的过程,是侦查讯问人员语言自我形象塑造的过程。侦查讯问人员语言形象、能力和语言风格,对侦查讯问或询问活动的成效具有最直接的决定作用。     

Using FastID to analyze complex SNP mixtures from indoor dust

Forensically relevant single nucleotide polymorphisms (SNPs) can provide valuable supplemental information to short tandem repeats (STRs) for investigative leads, and genotyping can now be streamlined using massively parallel sequencing (MPS). Dust is an attractive evidence source, as it accumulates on undisturbed surfaces, often is overlooked by perpetrators, and contains sufficient human DNA for analysis. To assess whether SNPs genotyped from indoor dust using MPS could be used to detect known household occupants, 13 households were recruited and provided buccal samples from each occupant and dust from five predefined indoor locations. Thermo Fisher Scientific Precision ID Identity and Ancestry Panels were utilized for SNP genotyping, and sequencing was completed using Illumina^® chemistry. FastID, a software developed to permit mixture analysis and identity searching, was used to assess whether known occupants could be detected from associated household dust samples. A modified “subtraction” method was also used in FastID to estimate the percentage of alleles in each dust sample contributed by known and unknown occupants. On average, 72% of autosomal SNPs were recovered from dust samples. When using FastID, (a) 93% of known occupants were detected in at least one indoor dust sample and could not be excluded as contributors to the mixture, and (b) non-contributor alleles were detected in 54% of dust samples (29 ± 11 alleles per dust sample). Overall, this study highlights the potential of analyzing human DNA present in indoor dust to detect known household occupants, which could be valuable for investigative leads.     

Book Reviews

John F. Manley and Kenneth M. Dolbeare, The Case Against the Constitution: From the Antifederalists to the Present (Armonk, NY: M. E. Sharp, Inc., 1987), 199 pp.

Mark Tushnet, Red, White, and Blue: A Critical Analysis of Constitutional Law (Cambridge: Harvard University Press, 1988), 328 pp.

Sheldon S. Wolin, The Presence of the Past: Essays on the State and the Constitution (Baltimore: The Johns Hopkins University Press, 1989), 228 pp.

Peter Brown, Minority Party: Why Democrats Face Defeat in 1992 and Beyond (Washington, DC: Regnery Gateway, 1991).     

Getting the story from child witnesses: exploring the application of a story grammar framework

Abstract

Investigative interviews with children about alleged abuse were analysed to determine the degree to which the child's responses adhered to a story grammar framework, and whether the presence of story grammar elements was associated with interviewers’ adherence to best-practice (i.e. open-ended) questioning. The sample included 51 interviews with child witnesses from across Australia. The interviews were administered by a police officer with children (37 girls and 14 boys) aged 3–16 years (M age = 103.82 months, SD = 34.21 months). The interviewers’ questions were categorised as open-ended or specific and the children's responses were classified as a story grammar element, context/background information, or ‘don't know’ responses. The majority of interviewer questions were specific in nature and the majority of children's responses were context/background details. Open-ended questions were more successful in eliciting story grammar from children. Of the story grammar elements, the interviewers’ specific questions usually targeted setting and attempt details. These findings suggest that improvement in the narrative coherence of children's reports of abusive events can potentially be achieved by increasing interviewers’ use of open-ended questions.     

Practitioner perspectives on rapport building during child investigative interviews

The inclusion of a rapport phase with children in investigative interviews is considered best practice as research shows that this can improve the quality of information provided. However, the phenomenon of ‘psychological rapport’, as demonstrated in a person's behaviour, is less understood. Specifically, how do practitioners build rapport with children in the rapport phase? The aim of this paper is to provide information on the methods used by practitioners for building rapport with children, with an explanation of how they may influence communication. Nineteen Scottish practitioners (police officers and social workers) were interviewed about their experiences and approach to rapport building with children in investigative interviews. These interviews were qualitatively analysed using a grounded theory approach and produced a model for the relationship between psychological rapport and children's communication. According to this group of practitioners, rapport building acts as a ‘communication tool’ and is approached using three main strategies. These strategies involve using rapport to assess the child, adjust interview approach based on the assessment, and produce a change in the child's psychological state that facilitates communication. These findings have established practitioner understanding of rapport building and highlighted a number of areas that require further research.     

对当前侦查人才培养与队伍建设的思考——从当前基层公安侦查人才需求出发

目前,基层公安机关侦查人员数量少,工作激情缺乏,业务知识更新慢,很难适应当前基层侦查工作。同时,由于主客观因素的制约,公安院校也很难培养出满足基层侦查工作需要的人才,因此,必须切实加强侦查专业队伍建设,严格依法招录侦查人才,加大师资培养力度,实行＂导师制＂教学方式,大力加强实践性教学环节和在职侦查人员的培训,切实培养和建设一支称职的侦查员队伍,为维护社会秩序服务。     

公安高校卓越侦查专门人才培养路径探讨——广东警官学院应用型侦查专门人才培养模式的实践

现代犯罪侦查活动对侦查专门人才的要求越来越高。对公安院校卓越侦查人才的培养就是在公安教育领域对“卓越法律人才”框架下的一种具体教育模式。卓越侦查人才的培养,既要遵循公安高等教育的规律,更要符合侦查实践的迫切需要。要根据公安教育工作的特点进行培养方案的合理设计,深化“校局合作”,开展本科教学与改革质量工程建设,提高侦查人才培养质量。卓越侦查人才的培养是一种创新的教育模式,不只是简单的教学方式,而是全程教育方式方法的综合,需要全方位多主体发挥作用。     

‘Any friend of yours is a friend of mine’: investigating the utilization of an interpreter in an investigative interview

Premised on a body of literature suggesting target-interviewer rapport is a critical component of successful interviews, we explored the effect of two interpreter-related variables – the physical placement of the interpreter in the room, and the nature of the relationship between the interpreter and the target – on target-interviewer rapport. A total of 125 bilingual (Spanish/English) participants viewed a mock crime video and were then interviewed, via an interpreter (or not). Interpreters either built rapport with the participant immediately prior to the interview or did not, and were either seated beside the interviewer or behind the target, commensurate with recommendations from training manuals. When the interpreter and target engaged in a short rapport-building session prior to an investigative interview, the target rated their interaction with the interviewer less negatively compared to when rapport building did not occur. Furthermore, when the interpreter sat behind the target, the target viewed the interaction more negatively than when the interpreter sat beside the interviewer (triangular configuration). These findings suggest ways in which interpreters can be utilized more effectively, especially in terms of seating configuration, rapport development between a target and interpreter, and importantly, the potential for that target-interpreter rapport to transfer to the target-interviewer relationship.