"命案必破"的实践与思索

"命案必破"有特定的涵义,对内来讲是公安机关内部侦破命案的奋斗目标,对外来说,是公安机关向人民群众表达命案侦破的决心和誓言.然而,由于部分公安机关和民警对"命案必破"缺乏正确的理解,致使"命案必破"在认识和实践上出现了误区.为了消除这种误区,防止出现冤假错案,必须坚决杜绝急功近利的思想,以事实为根据,以法律为准绳,排除外界干扰,严格公正执法,构建和谐的命案侦破外部环境.     

故意杀人行为的类型化考量

故意杀人行为的定罪量刑是一个十分复杂的工程，而我国刑法却只予以了简单的规定，致使实践中出现同案不同判或本应以故意杀人罪评价的行为却在其他罪中评价，主要原因之一是缺乏“类型化”的方法论指导。在我国对故意杀人行为进行类型化，有其历史基础和国外经验的借鉴；并且有其现实意义，即有利于我国故意杀人罪量刑基准的确定，有利于从立法上消减死刑条款，有利于处理《刑法》第17条第2款在司法实践中的问题，有利于弥补对行为评价的不足。     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

WHEN MISSING DATA ARE NOT MISSING: A NEW APPROACH TO EVALUATING SUPPLEMENTAL HOMICIDE REPORT IMPUTATION STRATEGIES*

The Supplemental Homicide Reports (SHR) are widely used in criminological research and inform a broad range of research topics and subsequent policy applications. A serious issue with the SHR is missing information about the offender and incident in many recorded homicides. Although it is convenient to discard cases with missing data before analysis, such discarding is not theoretically justified and can lead to incorrect substantive conclusions. Recently, several techniques for imputing missing SHR data have been proposed, but it is difficult to evaluate their effectiveness. This research presents a new approach to testing and evaluating SHR imputation techniques. Offender data that are missing in the SHR are often found in police records available for individual cities. We examine similarities and differences among cases with known offender characteristics in the SHR, cases with such information missing in the SHR but available in police records, and cases with such information missing in both sources. We then use these data sets to evaluate four different imputation techniques suggested in the literature (Fox, 2004; Messner, Deane, and Beaulieu, 2002; Pampel and Williams, 2000; Regoeczi and Riedel, 2003). We apply each imputation technique to the SHR, and for cases with information missing in the SHR but known in the police records, we see how well the imputed values correspond both with the individual known values and with the overall distributions in the police records. We discuss the outcome of our assessment of these strategies, and we outline important implications this assessment has for research using SHR data.     

应设立故意传播艾滋病罪

故意传播艾滋病的行为,既不构成传播性病罪,也不构成故意伤害罪;表面上,这种行为符合故意杀人罪的犯罪构成,但事实上,定故意杀人罪存在一些问题,比如,因果关系难以证明、既遂、未遂难以确定等。我国应该借鉴美国等一些国家和地区的做法,设立故意传播艾滋病罪。     

A METHODOLOGICAL ADDITION TO THE CROSS‐NATIONAL EMPIRICAL LITERATURE ON SOCIAL STRUCTURE AND HOMICIDE: A FIRST TEST OF THE POVERTY‐HOMICIDE THESIS*

Dozens of cross‐national studies of homicide have been published in the last three decades. Although nearly all these studies test for an association between inequality and homicide, no studies test for a poverty—homicide association. This absence is disconcerting given that poverty is one of the most consistent predictors of area homicide rates in the abundant empirical literature on social structure and homicide in the United States. Using a sample that coincides closely with similar recent studies, applying a proxy for poverty (infant mortality) that is commonly employed in noncriminological cross‐national research, and controlling for several common covariates (including inequality), this study provides the first test of the poverty—homicide hypothesis at the cross‐national level. The results reveal a positive and significant association between a nation's level of poverty and its homicide rate. The findings also suggest that we may need to reassess the strong conclusions about an inequality—homicide association drawn from prior studies, as this relationship disappears when poverty is included in the model.     

Reducing Homicide through a “Lever‐Pulling” Strategy

The decade of the 1990s witnessed unexpected but welcome large declines in homicide and serious firearms violence. Yet, despite these declines, rates of firearms crime in the United States remain high compared to other western democracies and impose significant costs to society generally and to specific communities particularly. One promising approach to gun crime emerged in Boston during the mid‐1990s. This approach combined face‐to‐face communication of a deterrence message to youth gang members with social service outreach and crackdowns on several gangs. Boston then experienced very significant declines in youth gun crime. This approach was later repeated in Minneapolis with similar promising results. This paper presents the results of a study of a similar gun‐crime‐reduction effort in Indianapolis. Time‐series analyses suggest a significant decline in homicide similar to those observed in Boston and Minneapolis. Comparisons to six similar Midwestern cities revealed that Indianapolis was the only city to experience a significant decline in homicide. The results are discussed in the context of deterrence research and suggest the need to move beyond single‐city evaluations of promising interventions.     

被害预防在命案预防中的作用及具体设计

我国命案基数较大，命案被害人较为集中，形成易被害群体。命案发案的时间和地点也呈现出一定的规律性。被害预防从潜在被害人与既然被害人被害趋势及各类被害情况出发，避免各种被害性原因和条件的产生和存在，防止、减少潜在被害人被害。而在一定时空内，采取一定的措施、手段、方法，从而达到减少命案的目的。