适度扩大警察职权 构建行政管束制度——从“疯裸女久卧街头无人问津”谈起

女精神病人久卧街头,警察拒绝救助引发争议。根据《人民警察法》,公安机关有协助救助的义务;依照《城市生活无着的流浪乞讨人员救助管理办法》,对于城市流浪乞讨人员,公安机关不能再强制收容遣送。由于缺乏法律依据,没有行政管束权力,警察无法发挥协助救助的作用。警务实践已经突破警察法建立的框架,迫使我们增加适应社会需要的新的法律规范,适度地扩大警察职权,构建行政管束制度。     

‘Them’ and ‘us’: demonising politicians by moral double standards

The distance between politicians and those they are supposed to represent is substantial. Almost invariably, it is politicians themselves who are made to shoulder the responsibility for this ‘gap’, their actions being demonised. This paper assesses some ‘ordinary’ ethical lapses that politicians are often accused of: lying, breaking promises and being self-serving. It is argued that the public tend to apply double standards when it comes to the moral expectations that they have of their representatives, inasmuch as they far more readily accept ethically dubious actions when they apply to other social and public roles. The moral singularity of the political sphere is called into question, with the effect of helping to narrow the gap between the two categories, and encourage more empathy on the part of the public.     

卧姿笔迹特征的实验研究

目的为卧姿笔迹鉴定提供识别和评断的参考依据。方法比较108个不同书写水平者的仰卧、左侧卧、右侧卧及俯卧笔迹与正常坐姿笔迹特征上的异同点,通过大量实验数据的统计分析,总结出卧姿笔迹特征及其变化规律,探讨可能的变化原因,并分析卧姿笔迹检验的要点。结果卧姿笔迹在字体、写法、错别字、笔顺、字间组合和单字的基本搭配比例等特征上较稳定。这些特征可作为本质特征使用。4种卧姿中,俯卧笔迹特征最稳定;书写水平高者笔迹特征也较稳定。结论卧姿笔迹鉴定应结合卧姿笔迹特征变化规律,准确判断笔迹的形成条件,去伪存真,做出科学的评断。     

Predictors of Adolescents’ Disclosure to Parents and Perceived Parental Knowledge: Between- and Within-Person Differences

Adolescents’ willingness to share information with parents is a central process through which parents gain knowledge of their adolescents’ lives. This paper addresses four questions important to understanding adolescents’ decisions to voluntarily disclose areas of parent-adolescent disagreement: What are the contribution of parent-adolescent agreement and adolescents’ non-disclosure of disagreement to adolescents’ perceptions of parental knowledge?; Which adolescents are most likely to disclose to parents in case of disagreement?; Under what conditions are adolescents more or less likely to disclose disagreement?; and What type of non-disclosure will different adolescents use and under what conditions? Self-report data from 120 adolescents (M age=15.8) revealed that failure to disclose disagreement, but not overall agreement, predicted perceived parental knowledge. Adolescents from authoritative homes and those less involved in disapproved leisure were more likely to disclose disagreement and less likely to lie. Within-person differences in disclosure were predicted by the presence of explicit rules and adolescents’ beliefs about required obedience.Dr. Darling is a developmental psychologist whose research focuses on social relationships during adolescence, with a special interest in contextual variation in developmental processes. Correspondence should be addressed to Dr. Darling atDr. Cumsille is a developmental methodologist whose research focuses on adolescent well-being.Dr. Caldwell's research focuses on the experience of adolescent leisure, with a particular interest in adolescent boredom and well-being.Dr. Dowdy is a developmental psychologist specializing in adolescent social relations.     

“说谎权”抑或真实供述义务：沉默权之后的两难选择——规制被告人说谎行为的比较法研究

在法官主持的讯问中,针对被告人的说谎行为刑事诉讼中有两种立法规制,英国规定被告人具有真实供述义务而德国赋予其说谎权。说谎权体现了对被告人人格尊严的尊重,但不利于事实真相的查明、诉讼效率的实现。这与我国对英国和德国的法律特点的总体认识出现背离。通过对英、德两国司法制度的比较,揭示了法律是一个有机的整体,立法要注意与该国其他法律制度相契合,要与本土资源相吻合。进而思考我国在立法规制被告人的说谎行为时应当予以关注的问题。     

Implications of Pseudologia Fantastica in Criminal Forensic Evaluations: A Review and Case Report

Pseudologia fantastica, a psychological phenomenon that has been described in the literature for at least a century, is an understudied and poorly understood entity. Sometimes referred to as pathological lying, pseudologia fantastica involves disproportionate fabrication that may be present for many years or a lifetime. In a forensic context, it can significantly complicate the evaluation of capacity to stand trial and, in certain jurisdictions, criminal responsibility. We review the current literature regarding pseudologia fantastica and present a case to highlight the clinical and forensic challenges it may create. We specifically discuss the complications that pseudologia fantastica may have on the assessment of a defendant's rational ability to consult with an attorney, a required element of capacity to stand trial. In addition, we discuss the implications of pseudologia fantastica in the evaluation of criminal responsibility.     

The Right to Do Wrong: Lying to Parents Among Adolescents and Emerging Adults

In this study, 229 high school students and 261 college students evaluated the acceptability of lying to parents under 19 different circumstances where a person's motive for lying differed. Students also indicated the frequency with which they had lied to their parents about diverse issue such as friends, dates, and money. Results indicated that adolescents and emerging adults quite commonly lied to their parents, and that in part they framed lying to parents as a way to assert the right to autonomy. Emerging adults were less accepting of lying and reported less frequent lying, compared to adolescents. Results also showed the association of sex, personality (self-restraint and tolerance of deviance), and family environment (control and cohesion) upon adolescents' and emerging adults' acceptance of lying to parents and lying behavior.     

Deciphering the riddle of human deceit detection: groups comprising a higher number of anxious people are better at distinguishing lies from truths

Are groups superior to individuals in detecting lies, and are there certain personality traits that significantly contribute to a collective lie-detecting capability? In the current research, we compared the ability of small groups to detect deception compared with individuals, and further examined whether small groups comprising more members high in attachment anxiety would show superior performance in detecting deceit. To this end, we asked 233 participants (40 groups and 113 individuals) to watch a series of clips showing a person making either truthful or untruthful statements, and then decide whether the speaker was honest or dishonest. Results confirmed our expectations and showed superior deceit-detection abilities in small groups, and that this ability was proportionate to the number of people high in attachment anxiety in the group. These results are discussed from the perspective of social defense theory, and the utility of diverse social groups in coping with diverse threats.     

The Unconscious Conscience: Implicit Processes and Deception in Negotiation

Deception is pervasive in negotiations, and proponents of bounded ethicality propose that the decision to use deception reflects the influence of (unconscious) implicit processes. In this article, we empirically explore the bounded ethicality perspective. In the first experiment, we found that an implicit association between business and morality interacted with the competitive and cooperative characteristics of a negotiation to influence both negotiators' attitudes toward deception and their intentions to use deception. But in a second and third experiment, we found that these did not interact to influence negotiators' actual deception decisions. The results of our studies provide important insights into the deception decision process and complicate our understanding of bounded ethicality.     

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/.