这种没有刑讯逼供的证明合法有效吗

审判实践中,有的被告人提出侦查人员在侦查讯问等庭前审判阶段有刑讯逼供行为。行使侦查权的部门往往出具自己开出的没有刑讯逼供的书面证明,法院也会予以采纳。笔者认为,侦查部门出具的这种没有刑讯逼供的书面证明不具有合法效力。应当从观念和具体措施上杜绝刑讯逼供行为的发生,切实保障嫌疑人和被告人的合法权利。     

亲笔供词的证据价值及其固定

亲笔供词在司法实践中没有被足够的重视和运用,实际上它是犯罪嫌疑人供述与辩解的一种表现形式,是刑事诉讼中的法定证据之一。它有别于犯罪嫌疑人的一般交代材料。它在刑事诉讼中有着证实犯罪、调整侦查策略、防止翻供等重大证据价值,需要进一步重视亲笔供词的理论研究以及亲笔供词的收集和固定。     

口供的证据地位及其可采性

口供在诉讼证据中的地位呈现出一种由低到高再逐渐降低的过程 ,反映了刑事诉讼证据制度由愚昧到科学、从野蛮到人道的不断发展进化的过程。各国关于口供可采性的规定大体分为两类 :其一、确认口供为法定证据 ,但必须加以限制 ;其二、认为口供不是法定证据 ,只有在特定情况下才能在诉讼中作为证据使用。我国应加强对口供证据地位及建立口供可采性规则的研究。     

认罪认罚后被告人反悔问题研究

对被告人认罪认罚后反悔的处理,是认罪认罚从宽制度适用过程中必然会遇到的问题。文章从认罪认罚后被告人反悔的特征入手,从无正当理由上诉、检察机关抗诉监督职能发挥等方面对认罪认罚后被告人反悔存在的问题进行研究,最后提出认罪认罚后被告人反悔问题的完善路径,确保认罪认罚从宽制度实现设立之初的制度价值。     

Stumbling among Giants: Europe's Frustrated Solidarity with Guatemala, 1979–1996

In the 1980s, Central America became the Cold War's centre stage as Western solidarity committees rushed to shine a global spotlight on the region's revolutionary movements. Drawing on archival research and activist testimony, this article explores the uncharted European solidarity movement with Guatemala (1979–1996) and its transnational structural weaknesses. Additionally, this contribution aims to revisit recent transnational approaches to solidarity movements that highlight the purposive role of actors of the Global South in generating and shaping solidarity. Instead, it argues that restricted political spaces severely constrained Guatemalan agency domestically, affecting the strategies and tactics deployed on the international front.     

口供印证的类型化研究——基于我国刑事审判实践的思考

口供印证属于印证证明模式最重要的组成部分，但是需要区分不同情况进行分类讨论。其中，认罪案件普通审理基于诉讼程序的完整性，口供的印证保留了完整的司法证明过程，需要遵循“实质印证”法则。认罪案件简化审理基于存在诉讼程序的简化，印证过程呈现出简化印证特点，但是审判人员必须坚持最低限度的印证要求。翻供案件中的口供印证呈现出双重印证特点，既要审查认罪供述的印证问题，又要审查翻供理由、无罪辩解的不能印证问题。共同犯罪案件的口供印证则是呈现为一种对比印证特点，审判人员需要对比共犯认罪供述的一致性，并在结合其他证据印证的基础上，得出共犯认罪供述的证据事实是否得到充分印证。     

Fieldwork in a conflicted society: A contemporary researcher's ethical dilemma

Abstract

Ethnographers in Kenya have, in the past, grappled with methodological concerns in fieldwork. This is evidenced in the rich literature on methods of data collection, data analysis and dissemination. The discourses have been based on the assumptions that fieldworkers in oral literature are guided by a code of ethics in their fieldwork. This article argues that a number of folklore researchers operate in an ethical void and are unprepared in mitigating various ethical dilemmas that they encounter before, during and after fieldwork. Relying heavily on the personal experiences of the writer, this article discusses dilemmas a fieldworker faces when conducting research in a violence-prone environment, and the ethical considerations thereof.     

Paan and Gutka Use in the United States

Abstract

Smokeless tobacco and areca nut are popular with South Asians and South Asian immigrants, most commonly used as paan and gutka. Their regular use leads to oral cancer. The South Asian community in the U.S. is rapidly growing, where paan and gutka are readily available. The study was the first exploration of the migration of the paan and gutka habits, and their use in the U.S.

A 108-item questionnaire on paan and gutka usage and beliefs was administered to 138 first-generation Bangladeshi and Indian-Gujarati immigrant adults at community sites in the New York metropolitan area. Forty-five percent Indian-Gujaratis reported ever-regular paan use; of which 5% are current users. Thirty-one percent reported ever-regular gutka use; of which 77% are current users. Thirty-five percent Bangladeshis reported ever-regular paan use; of which 70% are current users. Nine percent reported ever-regular gutka use; of which 67% are current users. Bangladeshis are more likely to identify paan as causing oral cancer. Indian-Gujaratis are more likely to identify gutka as causing oral cancer.

Between the two communities, there were significant differences in paan and gutka usage, migration effects, and oral cancer risk perception. There is a need for comprehensive migration studies on the determinants of usage, and for community-specific interventions for these carcinogenic products.     

Jurors’ reactions to recanted confessions: Do the defendant's personal and dispositional characteristics play a role?

Abstract

Confession evidence presented at trial is extremely damaging to the defense. This study examines the impact of a recanted confession on jurors’ perceptions of a murder case in which the defendant claimed to have falsely confessed due either to an underlying medical condition, a psychological disorder, or the general stress of the interrogation. Also included were an inadmissible confession condition and a no-confession control condition. Results showed that the impact of the confession was mediated in part by the circumstances surrounding it. Although probability-of-commission estimates were as high in all of the conditions involving a confession, conviction rates were marginally higher when the disputed confession involved mental illness or interrogation-induced stress than when there was no confession, yet did not differ when the disputed confession involved a medical disorder or there was no confession. These findings show that not all recanted confessions are treated equally and that people selectively discount confessions depending on biases and beliefs they hold.     

Diplomacy,terrorism, and national narratives in the United States–Iran relationship

The United States and Iran have failed repeatedly in the last thirty years to normalise diplomatic relations. Each attempt to open a dialogue has been set back by acts of terrorism or perceptions thereof, and the small openings for diplomacy were quickly shut. The difficulties of normal diplomacy should be understood in light of the national narratives that guide each country's international behaviour, narratives that include strong admonitions on terrorism and sow distrust. One method to overcome the obstacles thrown up by these national narratives is to explore their dynamics and attempt to write a new, common narrative.