侦查机关如何应对新刑诉法侦查程序的修改

旧刑诉法侦查程序的主要特点是侦查机关权力强大和相对人权利弱小的矛盾。新刑诉法对侦查程序的修改,主要有以下几个方面：一是扩大了律师在侦查程序中的参与权,赋予律师辩护人地位;二是改革部分强制措施;三是技术侦查合法化;四是非法证据排除规则及其警察出庭作证制度确立等。对于新刑诉法的修改,侦查机关面临的挑战和应对的策略主要有：一是观念转变;二是改变传统侦查模式,由传统侦查模式走向现代侦查模式;三是改变目前侦查机关和检察机关的关系,由侦检分立走向侦检合作。     

贪污贿赂案件侦查地域管辖制度的构建

侦查地域管辖是指在侦查职能管辖的基础上,由何地的侦查机关行使管辖权的职权划分。侦查地域管辖既不同于审判地域管辖。也不同于以该地域为基础的侦查级别管辖。我国刑事诉讼法没有对侦查地域管辖作出明确规定。实践中套用审判地域管辖或由侦查机关将“犯罪地”与“职能管辖”相结合来确定侦查地域管辖权的做法。既不科学也不合理。建议以公正、效率为原则。为贪污贿赂犯罪案件建立侦查管辖决定权与实际侦查权分离,侦查管辖决定权上移的侦查地域管辖制度。     

Police officers’ and Registered Intermediaries’ use of drawing during investigative interviews with vulnerable witnesses

ABSTRACT

Attempts to enhance episodic retrieval focus largely on verbal strategies which do not always address the limited or impaired free recall ability of vulnerable witnesses. Asking a witness to draw while recalling episodic information has long been deemed an effective method of improving communication and cognitive performance. Thus far, research has revealed these effects within laboratory settings but with scarce attention paid to real-life interview practice. In this paper, we explore police officers’ and Registered Intermediaries’ use of drawing during investigative interviews with vulnerable witnesses. A sample of specialist practitioners (n?=?85), comprising of vulnerable witness interviewing police officers (n?=?50) and Registered Intermediaries (n?=?35) completed a self-report questionnaire. As expected, frequent use of drawing was reported by both practitioner groups, and there was a positive correlation between reported use and perceived effectiveness. There were similarities between groups in reported techniques employed when using drawing, but some differences were apparent and these were attributed to the differing functions in police and Registered Intermediary roles. Overall, a consensus between empirical research and practice is evident, but these findings warrant further exploration in order to establish whether such practice is wide-spread.     

The impact of questioning style on the content of investigative interviews with suspected child sexual abuse victims

Abstract

This study explored the influence of question type and interviewer style on the quantity and quality of responses offered by children in interviews for suspected sexual abuse. The analysis covered 36 investigative interviews conducted by polia officers under the Memorandum of Good Practice with children aged 4–7, 8–11 and 12–14 years. The dependent measures were the temporel length of children's answers and the number of criteria derived from Criteria Based Cornent Analysis (CBCA) they contained. Only 2% of all questions were open-ended, but just 3% were judged leading. Open questions were most effective with 12–14 year olds but not with younger children who provided nose information in response to specific yet not leading or closed questions. Longer answers containing move CBCA criteria were associated with interviews containing many affirmative utterances and verbal affirmations and a brief rapport. The implications of these findings for interview theory and practice are briefly discussed.     

Does free recall moderate the effect of mental context reinstatement instructions on children's cued recall?

Cognitive Interview instructions increase children's recall of events; one important instruction is the mental reinstatement of context. We examined one factor that may affect mental context reinstatement: whether children had the opportunity to freely recall the event before answering cued recall questions. One hundred and fifty-two children aged 6, 9, or 11 years were interviewed twice about a staged event. The event consisted of an argument between two adults about whose turn it was to show the children a film. One week after the event, some of the children received mental context reinstatement instructions before having their cued recall tested. Some children also received a free recall test immediately before the cued recall test. In the second interview, 2 weeks after the first interview, all children freely recalled the event. The results showed no effects of mental context reinstatement instructions and no moderating effect of free recall on children's cued recall. The implications of these findings and directions for future research are discussed.     

Examination of the consistency of interviewer performance across three distinct interview contexts

Abstract

The current study examined the consistency of investigative interviewers' performance (n=31) across three distinct interview paradigms: (a) a mock interview where an adult actor played the role of a child recalling abuse, (b) a mock interview where a school child recalled an innocuous event that was staged at the child's school, and (c) a field interview where the interviewer elicited a statement of abuse from a child. Performance was measured by calculating the proportion of open-ended and leading questions, and by eliciting expert ratings of the presence of a range of problem behaviours commonly exhibited by interviewers. Overall, the performance of individual interviewers was relatively stable across the tasks. Heterogeneity in stability, however, differed according to the type of question and the nature of the event being examined. In particular, the mock interview paradigm where the adult acted the role of an alleged child abuse victim produced a measure of performance that was more similar to the field interview than the interview where a school child recalled an innocuous event. The implications of the findings for trainers, and directions for future research, are discussed.     

Are you talking to me? Influencing behaviour and culture in police interviews

Abstract

This study examines the relationship between two types of influencing behaviour in police interviews (being kind and rational persuasion) and three types of interview effectiveness, i.e. the suspects’ willingness to give a statement, their estimation of the quality of the relationship with the detective, and suspects’ admission. We expected that being kind and rational persuasion (arguments referring to logic and rationality) would have a different effect on suspects from cultures that tend to be direct and content-oriented (low-context cultures) versus cultures in which communication is more indirect and context orientated (high-context cultures). To examine this, experienced police detectives interviewed mock theft suspects from low-context (n=25) and high-context (n=27) cultures. As predicted, and particularly for high-context suspects, being kind in terms of rewarding and offering was positively related to the perceived quality of the relationship of the suspect, while being kind in terms of active listening behaviour was positively related to admissions. Furthermore, and as expected, there was a positive relationship between rational persuasion of the police detective and admissions for low-context suspects, but also a negative relationship between rational persuasion and admissions for high-context suspects.     

论案件侦查的选择性

理论主流以及官方正式表态中,始终坚持案件不分大小,都应一体对待并开展侦查,但受制于侦查资源以及其他现实因素的制约,案件侦查必然会出现选择性。案件是否侦查以及侦查介入程度的取舍,关系到个案被害人和社会公众以及作案人等利益关联方的切身利益,侦查机关应以公正为基本要求,确立案件选择的基本标准,以案件自身的特征以及侦查价值为主要决定要素。在可能的情形下,侦查机关应对所有已立案的案件开展初步调查,并以对调查结果的评估结论作为是否实施后续侦查的根据。     

“路西法效应”对研究侦查讯问的启发

源自“斯坦福监狱实验”的“路西法效应”告诉我们,特定的情境诱发特定的行为,在适当的条件下“好人也会做坏事”。在侦查讯问过程中,时空环境、角色扮演、权力差异、受挫反应等情境因素有时会挑战侦查人员稳定的个性特质,成为诱发侦讯冲突的主要原因。为此,在分析侦查讯问中的人际冲突的时候应首先分析讯问情境,从情境入手找出冲突产生的原因,进而为寻找缓解人际冲突的方法提供准确的依据。     

Urgent issues and prospects at the intersection of culture,memory, and witness interviews: Exploring the challenges for research and practice

The pursuit of justice increasingly relies on productive interactions between witnesses and investigators from diverse cultural backgrounds during investigative interviews. To date, the role of cultural context has largely been ignored by researchers in the field of investigative interviewing, despite repeated requests from practitioners and policymakers for evidence-based guidance for the conduct of interviews with people from different cultures. Through examining cultural differences in human memory and communication and considering specific contextual challenges for investigative interviewing through the lens of culture, this review and associated commentaries highlight the scope for considering culture and human diversity in research on, and the practice of, investigative interviewing with victims, witnesses, and other sources. Across 11 commentaries, contributors highlight the importance of considering the role of culture in different investigative interviewing practices (e.g., rapport building, questioning techniques) and contexts (e.g., gender-based violence, asylum seeking, child abuse), address common areas of cultural mismatch between interviewer–interviewee expectations, and identify critical future routes for research. We call for an increased focus in the investigative interviewing literature on the nature and needs of our global community and encourage constructive and collaborative discussion between researchers and practitioners from around the world to better identify specific challenges and work together towards evidence-based solutions.