以欺骗手段骗（窃）取财物的定性分析

盗窃罪与诈骗罪的主要区别在客观方面，盗窃罪的被告人违背被害人的意愿剥夺被害人对财物的占有而取得财物。而诈骗罪的被告人以欺诈的手段使受骗人产生错误认识，进而基于错误认识自愿把财物处分（交付）给被告人。所以在一般情况下，两罪是容易区分的，但在被告人使用欺骗手段骗（窃）取受骗人财物的情形下，二者容易混淆。作者试图通过具体案例从欺骗手段不是诈骗罪的唯一特质、“自愿”处分（交付）行为的含义、秘密窃取并非盗窃罪唯一的手段、从罪刑相适应来考量此种犯罪行为应受的刑罚等四个方面来具体分析以欺骗手段骗（窃）取财物的定性从而进一步厘清盗窃罪与诈骗罪的区别所在。     

Commentaries on the issue

Abstract

The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer participation in crime. Morally justifiable recruitment of informers is also considered. Despite directly serving the purpose of policing, informers do not incur police professional obligations.     

Juvenile Sex Offenders: Differences between Group and Solo Offenders

We report on findings from a study into differences in personality and background characteristics between juvenile sex offenders who commit their sex offenses on their own and those who do so in a group. Solo offenders were found to score significantly higher on neuroticism, impulsivity and sensation seeking, but scored lower on sociability. In addition, the solo offenders in the sample were more often recidivists for sexual offenses, and were more often themselves a victim of a sexual offense. Solo offenders were significantly older than juveniles who had committed a sexual offense with a group. On the basis of these results we recommend differential treatment for the two types of offenders.     

Effects of preconceptions on deception detection and new answers to why lie-catchers often fail

Abstract

This study investigated the extent to which crediting and discrediting background information, given to observers before they watched three video-taped interviews with the same witness, affected their veracity judgments. Our analyses show that the observers' distribution of truth/lie-judgments were more affected by crediting than discrediting background information. We also mapped the subjective cues given to justify the truth/lie-judgments, and found that the most frequently used cue was whether or not the three statements were consistent over time. In addition, our analysis revealed two types of inter-observer disagreements. One type referred to how different cues were perceived (e.g., forty observers perceived the three statements as being inconsistent over time while an equal number perceived the same three statements as being consistent over time). The second type referred to how different cues were used (e.g., the fact that the witness was perceived as not being confident in his testimony worked against him equally as often as it worked for him).     

Guilty and innocent suspects’ strategies during police interrogations

Abstract

Deception detection has largely failed to investigate guilty and innocent suspects’ strategies. In this study, mock suspects (n=82) were interrogated by police trainees (n=82) who either were or were not trained in the technique to strategically use the evidence (the SUE technique). Analyses revealed that guilty suspects to a higher degree than innocent suspects applied strategies in order to appear truthful. Guilty suspects reported diverse strategies, while innocent suspects reported the strategy to tell the truth like it had happened, indicating a belief in the visibility of innocence. The realism in the suspects’ expectation about how their veracity was judged was largely dependent on the way in which they had been interrogated. The truth-telling suspects who were interrogated according to the SUE technique were optimistic about being judged as truthful; this optimism was warranted as the vast majority of them were classified as truthful. The SUE technique seems to help (a) spotting guilty suspects without them being aware of it and (b) spotting innocent suspects, and they become aware of it. That innocent (but not guilty) suspects can read how the interrogator views them is advantageous for the investigative process.     

Criteria-Based Content Analysis: An empirical test of its underlying processes

Abstract

Criteria-Based Content Analysis (CBCA) is a tool to assess the veracity of written statements, and is used as evidence in criminal courts in several countries in the world. CBCA scores are expected to be higher for truth tellers than for liars. The underlying assumption of CBCA is that (i) lying is cognitively more difficult than truth telling, and (ii) that liars are more concerned with the impression they make on others than truth tellers. However, these assumptions have not been tested to date. In the present experiment 80 participants (undergraduate students) lied or told the truth about an event. Afterwards, they completed a questionnaire measuring “cognitive load” and “tendency to control speech”. The interviews were transcribed and coded by trained CBCA raters. In agreement with CBCA assumptions, (i) truth tellers obtained higher scores than liars, (ii) liars experienced more cognitive load than truth tellers, and (iii) liars tried harder to control their speech. However, cognitive load and speech control were not correlated with CBCA scores in the predicted way.     

Testing assumptions about naivety in insurance fraud

Abstract

Despite the recognition that traditional methods of fighting the rising and pressing crime of insurance fraud are ineffective, much attention in the process of its detection is still paid to the characteristics of false claims and of people submitting them. Although there is some research looking into the assumptions insurance companies hold about these characteristics, the question of the general public knowledge about them has been rather neglected. This appears unjustified in light of the fact that it is ‘the average’ opportunistic driver most likely to lie about their loss. The results of this project, employing the method of thematic analysis, whereby the narratives of 25 male drivers are examined, challenge the correctness of corporate assumptions about what the layman driver could know about insurance fraud.     

Detecting deception in suspects: verbal cues as a function of interview strategy

Research on deception has consistently shown that people are poor at detecting deception, partly due to lack of consistent cues to deception. This research focuses on eliciting verbal cues to deception when questioning suspects who deny crime and how such cues differ due to type of questioning. An experiment examined verbal differences between innocent and guilty mock suspects (N=96) as a function of veracity and interview style (Free recall, Probes, or Free recall plus Probes). Guilty (vs innocent) suspects omitted more crime-relevant information and their statements were more likely to contradict the evidence, showing that statement–evidence inconsistency was a cue to deception. This cue to deception was more pronounced when the interview contained probes. Lie-catchers (N=192) obtained an accuracy rate higher than chance (61.5%) for detecting deceptive denials. Implications for further research on verbal cues to deception are discussed.     

Comparative analysis of true or false statements with the source monitoring model and the cognitive interview: special features of the false accusation of innocent people

Abstract

We describe two experiments designed to verify whether the source monitoring (SM) model categories and the cognitive interview (CI) contribute to distinguishing true from false statements. We used a 2 Type of Interview (Structured/Cognitive) × 2 Statement Condition (True/False) design with 18 interviewers in a sample group of 240 gender-matched university students being interviewed about a film fragment. In Experiment 1, participants who lied exculpated the protagonist from rape, whereas in Experiment 2 their lies were aimed at accusing an innocent person. As dependent variables we used criteria from the SM: details, supporting memories, thoughts and feelings and cognitive operations. The results suggest that the statements of honest participants interviewed using the CI provided more overall information than those obtained under any other condition. When a lie is aimed at exculpating someone from criminal behaviour, statements involve more cognitive operations and less sensory, temporal and contextual information, but only when the structured interview (SI) is used. When the lie is aimed at falsely accusing someone, the SI and the CI produce similar results. We discuss the forensic importance of these findings.