Compassionate Killings: The Case for a Partial Defence

The focus of this article is upon compassionate killings, that is, criminal cases where a parent/spouse has killed or assisted to die a child/spouse who was suffering from severe disabilities, debilitating injury, chronic or terminal illness. We argue that the partial defence of diminished responsibility, while appropriate for some cases, fails to acknowledge the compassionate and relational nature of these acts and thus fails to identify the quality of the harm committed. We also argue that the general defences of duress of circumstances and necessity, even if they were to be become available, are inappropriate. Developing the concept of ‘compassion’, which is a consideration in relation to prosecution for assisted suicide, we argue for the introduction of a partial defence of ‘compassionate killing’ which would reduce the offence from murder to manslaughter in recognition of the killing as a responsive, relational act of care.     

唐律误杀考

唐律中的误杀指行为人因其主观认识与客观情况不符而造成他人死亡的行为。误作为一种非故意而予以宽宥的形态在唐以前已非常固定,在唐代及后世文献的记载中没有实质变化。《唐律疏议》中误共出现190次,涉及到46条律文,其含义均涉及行为人的主观心态及责任形式。唐律中的误杀可分为起因于劫囚、窃囚、盗、斗殴、谋杀,以及疏忽大意所致的误杀六类。全面解析律文所列的具体误杀行为与刑罚的对应关系是研究唐律误杀的关键。     

A psychodynamic-behaviourist investigation of Russian sexual serial killer Andrei Chikatilo

This paper looks briefly at the case study of Russian sexual serial killer Andrei Chikatilo. Whilst serial homicide has received wide ranging attention more broadly in the literature, Chikatilo’s criminality and sexually deviant behaviour have thus far lacked any in-depth psychological explanation, with his crimes attributed tentatively to dysfunction upbringing and innate deviance. However, based on theoretical arguments presented in the present investigation, a more detailed account of what may have contributed to the development of such extreme sexual violence and cognitive distortions is discussed. Consideration of psychodynamic and behaviourist perspectives lead to the conclusion that a complex interaction of biological, psychological and sociological factors may account for the onset and continuation of his homicidal behaviour.     

浅析精神病鉴定与“杀人执照”

根据我国刑法规定,对没有控制能力的精神病患者,在实施杀人等犯罪行为后可以免除刑事处罚。但近些年来,一些犯罪分子却利用精神病鉴定这一可以减责或免责的渠道,来逃避法律的制裁。本文仅就如何规范精神病鉴定的程序,如何进行精神病鉴定进行分析,并提出了堵住发放“杀人执照”的相关对策。     

People We Hire as Executioners: Who Are They? Who Are We?

Christopher Bennett has introduced a new inquiry into the capital punishment debate by looking at whether the role of executioner is one in which it is possible and proper to take pride. He argues that this will depend on the kind of justifications that an executioner can offer in defense of his role and takes as an example the English executioner Albert Pierrepoint as portrayed in the film Pierrepoint: The Last Hangman. Bennett claims that none of the justifications available to Pierrepoint are adequate, that his pride in his role was unjustified, and that this gives us reason to doubt those justifications for capital punishment. I am unpersuaded by Bennett’s arguments and give reasons for thinking that the role of executioner can under certain circumstances be an honorable vocation in which one may legitimately take pride.     

完善公安机关权力制约机制的思考

我国公安机关权力制约机制建设虽已取得了明显的成效,如建立了公安内部的监权网,加强了各警种垂直监督与制约等,但仍存在一些问题与不足:监督体制与制约机制不够理顺,外部监督难有实质效果,各级领导对监督工作不够重视。当前,公安权力运行存在着四个误区,严重影响了对公安权力的制约。完善公安机关权力制约机制是一项长期的系统工程,目前,应着重从五个方面抓起:以德制权;以法制权;以权制权;以规制权;以责制权。     

政治理论课多媒体技术运用存在的误区及对策

随着科技的进步,多媒体已经成为当今教学领域的热点,多媒体技术作为有效的辅助教学手段,在政治理论课教学中产生了积极的作用。然而,一些教师在制作与运用多媒体课件的过程中仍然存在一定的误区。文章就政治理论课教学中多媒体技术制作与运用中存在的误区及对策展开了探讨。     

Lone‐actor Terrorism and Impulsivity

In some recent cases of lone‐actor terrorism, there is evidence the subject acted impulsively, often in response to a triggering event which contained a loss and humiliation. Evidence suggests the subjects acted precipitously, despite planning and preparation carried out in the preceding weeks or months, and their attacks failed to include the often considerable preparation that had been done. The pathway became a runway. The authors recommend the traditional assessment of impulsivity in persons of concern for lone acts of terrorism, as well as other proximal warning behaviors for targeted violence. Both indirect and direct assessment guidelines are proposed, with an emphasis upon self‐report, psychological testing, collateral data gathering, and historical records.     

Leadership Matters: The Effects of Targeted Killings on Militant Group Tactics

Targeted killings have become a central component of counterterrorism strategy. In response to the unprecedented prevalence of this strategy around the world, numerous empirical studies have recently examined whether “decapitating” militant groups with targeted killings is strategically effective. This study builds on that research program by examining the impact of targeted killings on militant group tactical decision-making. Our empirical strategy exploits variation in the attack patterns of militant groups conditional on whether a government’s targeted killing attempt succeeded against them operationally. In both the Afghanistan-Pakistan and Israel-West Bank-Gaza Strip theaters, targeted killings significantly alter the nature of militant group violence. When their leaderships are degraded with a successful strike, militant groups become far less discriminate in their target selection by redirecting their violence from military to civilian targets. We then analyze several potential causal mechanisms to account for these results and find strongest evidence that targeted killings tend to promote indiscriminate organizational violence by empowering lower level members with weaker civilian restraint.     

律师在刑事辩护中的自我保护

刑事辩护中的律师自我保护是一个现实而又复杂的问题。律师要切实做到自我保护 ,必须跳出误区 ,不涉禁区 ,坚守护区。合格的律师在执业过程中只有善于运用各种谋略排除障碍 ,注意工作方法 ,讲究实际效果 ,才能既维护当事人的合法权益 ,又有效地全方位地进行自我保护。