问题案件评析——“乃扒涉嫌故意杀人案”剖析

纵观"乃扒涉嫌故意杀人案"卷宗时,发现该案件在侦查破案过程中,存在侦查过程不清、被害人身份不明、审讯技巧不佳、现场有关痕迹形成没有进行合理分析、现场物证提取使用过程、卷宗制作不认真、诉讼意识不强等问题。     

Injury‐Related Healthcare Use and Risk of Filicide Victimization: A Population‐Based Case–Control Study

Research on child‐related risk factors for filicide is scant. We investigated whether prior healthcare use for injury (including poisoning) influences filicide risk. Victims (0–14 years; n = 71) were identified in a national autopsy database for the years 1994–2012 and compared to matched, general population controls (n = 355). Healthcare use data were retrieved from a national patient registry. Risks were estimated using odds ratios (ORs) and 95% confidence intervals (CIs). For females, prior inpatient care for injury conferred a statistically significant sevenfold risk (OR = 6.67 [95% CI: 1.49–29.79]), and any prior injury‐related healthcare use conferred a statistically significant fourfold risk (OR = 3.57 [95% CI: 1.13–11.25]), of filicide victimization. No statistically significant risks were found for males. Healthcare personnel should be aware that children treated for injuries, especially females, may be at an elevated risk of filicide victimization. Nevertheless, the filicide base rate remains low, and parents may be stigmatized by unfounded alerts; thus, prudent reflection should precede reports to the authorities.     

Body Transportation after Homicides: Offender and Offense Characteristics

Body transportation is defined as moving the body of the victim from the scene of a homicide to another location. We analyzed data on 513 South Korean homicide cases with convictions to compare 104 homicides involving the transportation of victims’ bodies with 409 homicides that did not. Offenders who transported their victims’ bodies were significantly younger and more likely to be related to the victims and were less likely to use sharp instruments and more likely to use blunt instruments or strangle the victims than offenders who did not. Victims of homicide involving body transportation were more likely to suffer injuries to the neck and head and less likely to suffer injuries to the torso. Finally, offenders who transported victims’ bodies were more likely to have planned the offense and destroyed evidence. The present findings have practical implications for police investigations.     

Race,Place, and Police-Caused Homicide in U.S. Municipalities

We test structural hypotheses regarding police-caused homicides of minorities. Past research has tested minority threat and community violence hypotheses. The former maintains that relatively large minority populations are subjectively perceived as threats and experience a higher incidence of police-caused homicide than whites do, the latter that higher rates of violent crime among minorities create objective threats that explain these disparities. That research has largely ignored some important issues, including: alternative specifications of the minority threat hypothesis; the place hypothesis, which maintains highly segregated minority populations are perceived as especially threatening by police; and police-caused homicide in the Hispanic population. Using data for large U.S. cities, we conducted total-incidence and group-specific analyses to address these issues. A curvilinear minority threat hypothesis was supported by the Hispanic group-specific findings, whereas the place hypothesis found strong support in both total and group-specific analyses. These results provide new insights into patterns of police-caused homicide.     

Differences between Homicides Committed by Lone and Multiple Offenders in Korea

The aim of this study was to differentiate between homicides committed by multiple offenders and homicides committed by lone offenders. Using data on homicide incidents that occurred in South Korea between 1985 and 2008, we compared 134 homicides committed by multiple offenders, with 369 homicides committed by lone offenders. A greater proportion of homicides committed by multiple offenders involved injuries to the victim's head compared to homicides by lone offenders. Homicides committed by multiple offenders were more likely to involve blunt instruments and ligatures, whereas homicides by lone offenders were more likely to involve sharp instruments. In addition, a majority of the homicides committed by multiple offenders were planned. The results of this study have practical implications for homicide investigations, as well as theoretical implications for homicide research on the difference in offense behaviors based on the number of offenders.     

Implications of Genital Mutilation at Autopsy

Given the potential significance of mutilation of the external genitalia in medicolegal fatalities, a review of the literature was undertaken to identify subcategories. Such mutilations may have been sustained sometime before death, around the time of death, or after death. The most common type of ante mortem genital mutilations involves cultural practices such as male circumcision. Less common male mutilations such as subincisions are tribally based. Female genital mutilation is found particularly in African, Middle Eastern, or Asian populations. Self‐inflicted genital injuries are most common in males and may be related to attempts at suicide, or to self‐harming practices. The latter have a strong association with psychiatric illnesses. Postmortem injuries may arise from animal predation or deliberate mutilation of a corpse. The latter may be associated with ante mortem genital injuries in sadistic homicides. The range of possible causes of genital mutilations in forensic cases necessitates extremely careful evaluation.     

Obesity,Body Mass Index,and Homicide

The body mass indexes (BMIs) of 100 randomly selected homicide cases from the files of Forensic Science SA were compared to the Australian and South Australian populations. There were 70 males and 30 females (M:F = 2.3:1; age range 18–84 years; mean 42.3 years). There was a substantially lower proportion of obese individuals in the homicide population compared to the general Australian and South Australian populations (19% [vs.] 27.9% and 30%, respectively). A second group of 144 randomly selected autopsy cases where the BMI was ≥40 kg/m² was analyzed. There were 77 males and 67 females (M:F = 1.2:1; age range 23–78 years; mean 46.7 years). The majority of deaths were natural (N = 108), with no homicides. A negative association between obesity and homicide has, therefore, been demonstrated. Reasons for the lower numbers of obese/morbidly obese individuals among homicide victims are unclear, but may include physical protection afforded by fat padding from sharp force injuries, and relative sociodemographic isolation.     

侦查理论与实务几个问题的探讨

我国《刑事诉讼法》的修改必须考虑到中国的实际情况,应避免立法主张上浓厚的理想主义色彩;我国正酝酿着侦查理念的一次变革和飞跃,但相应的制度和经费保障能不能到位,对此有着直接的影响;“命案必破”的提法虽有积极作用,但其负面作用日益凸显,因此应停止使用;处置劫持人质案件的培训工作应有计划性和整体规范;对心理画像结论的准确性、具体性和可靠性程度应该有客观的认识,不能对其怀有过高的期望。