对网上追逃产生的异地羁押的侦查监督

网上追逃作为一种高效的侦查手段,被公安机关广泛应用。但由于缺乏法律依据,网上追逃也存在诸多争议,异地羁押期间应否计入刑事拘留期间便是其中之一。解读网上追逃不难发现,网上追逃实质是侦查阶段案件管辖的移送,网上追逃所产生的异地羁押期间应计入刑事拘留时间。建议在未来立法中,要将网上追逃这种高效的侦查手段写入刑事诉讼法,而且要细化网上追逃的执法程序。     

再论“侦技一体化”在刑事案件侦破中的积极意义——基于对苏湘渝系列持枪抢劫杀人案的反思

在城乡一体化发展与区域间人口迁移日益加大、高科技犯罪不断涌现的环境下,及时准确地掌握流动人口基本信息,切实有效地防控特殊人群犯罪活动对于公安机关来说绝非易事。提升广大民警综合运用传统侦查方法与现代刑事科学技术的能力已刻不容缓。传统侦查手段是有效打击犯罪的坚实基础,现代刑事科学技术是对传统侦查手段的无限延伸,"侦技一体化"工作模式的应用在刑事案件侦破中具有积极意义。     

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.     

An analysis of police officers' decisions about whether to refer cases of child abuse for prosecution

Facial composite research has mainly focused on their investigative value. No. comparable attention was drawn to their probative value – the extent to which a composite image may serve as incriminating or exonerating evidence against a defendant. The existing data resulting from mock-juror research allow only cautious conclusions and applies solely to the common law system. Therefore an experiment was conducted involving laypeople (N = 74) and prosecutor apprentices (N = 72). All participants received case materials of a robbery committed by a young male, including the victim's and defendant's testimonies and other evidence. In both samples, the facial composite evidence was manipulated so that participants viewed a composite image that was either a good or a poor match to the defendant. A facial composite that bore a strong resemblance to the defendant influenced the assessment of the eyewitness' credibility in the apprentices sample, but failed to affect other dependent variables. Surprisingly, laypeople ignored the facial composite no matter how well it resembled the defendant. Significant differences in the assessment of eyewitness' credibility, the strength of the defense case, the credibility of the defendant's alibi, and his culpability were found between the prosecutor apprentices and laypeople. The practical implications of these findings are discussed.     

Eye-closure improves memory for a witnessed event under naturalistic conditions

Eye-closure may help people remember live and videotaped mundane events and videotaped violent events. The present study extended this research by examining memory for a forensically relevant live event (a staged verbal altercation) and by interviewing witnesses under naturalistic conditions. Ninety-six witnesses were interviewed either inside in a quiet setting or outside on a busy street, with eyes open or closed. In free recall, eye-closure significantly increased the number of correct details reported, without harming testimonial accuracy. These benefits were significant for witnesses interviewed inside but not for witnesses interviewed outside. This finding highlights the potential role of spontaneous mental context reinstatement in the eye-closure effect. In cued recall, eye-closure improved fine-grain correct recall of visual details for both groups of witnesses. From an applied perspective, the findings suggest that police interviewers should instruct witnesses to close their eyes, both during initial statements taken on the street and during full interviews conducted at the police station.     

Simulations of child sexual abuse interviews using avatars paired with feedback improves interview quality

We tested whether simulated child sexual abuse (CSA) interviews with computer-generated child avatars could improve interview quality. Feedback was provided not only on question types, as in previous research, but also on whether the conclusions drawn by the interviewers were correct. Twenty-one psychology students (average age M = 24.5) interviewed four different avatars which had a simulated story of either abuse or non-abuse. The participants were randomly divided into two groups: one received feedback on question types and conclusions after each simulated interview and the other one did not receive any feedback. Avatars revealed pre-defined ‘memories’ as a function of algorithms formulated based on previous empirical research on children's suggestibility. The feedback group used more open-ended and fewer closed questions. They also made more correct conclusions and found more correct details in the last two interviews compared to the no-feedback group. Feedback on both the question types and conclusions in simulated CSA interviews with avatars can improve the quality of investigative interviews in only one hour. The implications for training practice were discussed.     

The devil is in the detail: deception and consistency over repeated interviews

ABSTRACT

Research indicates that truthful statements typically contain more details than fabricated statements, and that truth tellers are no more consistent than liars over multiple interviews. In this experiment, we examine the impact of (i) multiple interviewers and (ii) reverse order recall on liars’ and truth tellers’ consistency and amount of reported detail over repeated recall attempts. Participants either took part in a mock crime (lying condition) or an innocent event (truth telling condition) which they were subsequently interviewed about in two separate interview phases. Truth tellers provided more details overall, and more reminiscent details than liars. There were no differences between veracity groups for the number of omissions made or repetitions reported. Despite the popular belief that inconsistency is a cue to deception, we found little support for the notion that consistency (or lack of consistency) offers a diagnostic cue to deception. We found little evidence that switching interviewer or recalling in reverse order induced inconsistencies in liars. In fact, due to the number of reminiscent details in truth tellers’ accounts, our findings suggest that accounts provided by liars tend to be slightly more consistent than those provided by truth tellers. Materials for this paper can be found at osf.io/hgvmk/.     

改造我国刑事侦查程序的思考

我国现阶段刑事侦查程序存在一系列的缺陷,既不符合刑事诉讼理念和目的,又与审判构造和诸多诉讼原则相冲突.在刑事侦查程序中引入中立司法审查制度和加强犯罪嫌疑人权利保障,是改造我国刑事侦查程序之良策.     

诱惑侦查与警察圈套之适法性分析

诱惑侦查作为一种侦查隐蔽性犯罪和重大、复杂犯罪很有效的手段，已经被许多国家的立法所认可。基于侦查权的法定性、主动性和职责性，诱惑侦查是一种适法的侦查手段，但这一手段一旦被滥用，即构成警察圈套。而警察圈套与刑法、刑罚的根本目的以及人性相悖，不具有适法性．     

系列案件的形成规律和侦查对策

中国大规模的城市化和工业化的进程中,各种形式的系列案件层出不穷,研究分析系列案件的形成规律和演变过程,为案件的侦查提供更多的线索,可以扩展侦查视野和思路,在传统的侦查途径基础上,发现更多的侦破方法.