2002年:中国医疗纠纷处理的重大转折

2002年4月1日开始实施的《最高人民法院关于民事诉讼证据的若干规定》,要求医院对医疗行为与损害的因果关系和不存在医疗过错承担举证责任,一时间,医院对此忿忿不平,百姓对此拍手叫好,4月15日,期待已久的《国务院医疗事故处理条例》缍正式颁布,与1987年颁布的《医疗事故处理办法》相比有了重大改变,中国医疗纠纷的处理在2002年发生了重大转折,对此进行了详细分析,与大多数人的观点不同,认为前者恰恰对医院有利,而后者对医院更为严格。     

Linkage analysis: Modus operandi, ritual, and signature in serial sexual crime

This article examines a process of behavioral analysis, referred to as linkage analysis, used in identifying sexual offenses that have been committed by the same offender. This type of analysis examines behavior that is contained in three distinct components of a crime, i.e., the modus operandi (MO) or the “how to” of a crime; the ritual or fantasy-based behaviors for a particular type or series of sexual crimes; the signature or unique combination of behaviors, which suggests that a series of crimes has been perpetrated by the same offender. Linkage analysis involves five assessment procedures: (1) gathering detailed, varied, and multisource documentation; (2) reviewing the documentation and identifying significant features of each crime individually across the series; (3) classifying the significant features of the crime as either MO and/or ritualistic constructs; (4) comparing the combination of MO and ritualistic features across the crimes to determine if a signature exists; (5) compiling a written analysis that details the conclusions derived from the available information. Results of this type of analysis can be used for investigative purposes and, in some instances, can help to inform the decision-making of the courts.     

Blame Game and Rotten Apples in Private Investigation Reports: The Case of Hadeland and Ringerike Broadband in Norway

Blame game is a term often used to describe a phenomenon that happens in groups of people when something goes wrong. The blame game hypothesis postulates that private investigators may be misled in their search for suspects and that suspected individuals do not necessarily become subject to a fair investigation by financial crime specialists and fraud examiners. The rotten apple hypothesis postulates that it is comforting to assume that one bad apple within an organisation is essentially responsible for the crime that is all too prevalent. The rotten apple view of white‐collar crime is a comfortable perspective to apply to business and public organisations as it allows them to look no further than suspect a single individual. Based on a case study of the Norwegian company Hadeland and Ringerike Broadband, this paper discusses blame game and rotten apple issues in an internal investigation report written by an external financial crime specialist. The study finds support for both hypotheses, as blame is mainly isolated to the criminal and his superior, and both board and top management are protected from scrutiny. Copyright © 2015 John Wiley & Sons, Ltd.     

Linguistic Cues of Deception Across Multiple Language Groups in a Mock Crime Context

A recent study showed that specific linguistic and grammatical features of a technique commonly referred to as statement analysis are applicable across different language groups. One limitation of that study was that it used an eyewitness crime video paradigm, which might be different from writing a statement after committing an actual criminal act. We remedied that limitation by using a mock crime paradigm. In this study, three language groups (English, Spanish, and Chinese) produced statements after committing a mock crime, taking a check, in an experimental context. Certain linguistic features significantly discriminated truths from lies similarly across the different language groups, suggesting that statement analysis might be applicable as a reliable indicator of deception across languages. Copyright © 2015 John Wiley & Sons, Ltd.     

Are Outlaw Motorcycle Gangs Organized Crime Groups? An Analysis of the Finks MC

Outlaw Motorcycle Gangs (OMCGs) in Australia are subject to over 30 pieces of legislation restricting the movement and association of members. The justification for these acts is the presumption that the OMCG are criminal organizsations. This presumption has not been proven empirically by government agencies nor tested by academic research partly due to the difficulty in obtaining sufficient information. This paper tests the presumption by analyzing the data contained in the Queensland Police Service’s application to the Supreme Court to list the Finks MC, Gold Coast, as a criminal organization.     

Convenience in Criminal Entrepreneurship: The Case of a Norwegian Hashish Baron

The intent of this article is to study a case of criminal entrepreneurship, which reflects the key attributes of convenience theory in order to test that theory. The intent is also to show that the theory of convenience can be extended beyond white-collar crime to include criminal entrepreneurship. The theory of convenience is introduced in this article to explain why criminal entrepreneurship can be an attractive avenue for some people. Convenience theory suggests that a strong desire for financial gain to satisfy greed and solve problems, an attractive organizational opportunity to commit and conceal crime, as well as a personal willingness for deviant behavior can make criminal entrepreneurship attractive. The case of a Norwegian hashish baron illustrates convenience theory by the person’s ability to stay in the illegal drug business for two decades as a white-collar criminal.     

Crime location choices: A geographical analysis of German serial killers

The present study examined whether there are different processes operating in the crime location choices between body‐disposing and non‐body‐disposing serial killers and between sexual serial killers and acquisitive serial killers. A sample of 49 series of solved German serial killings is used to examine the differences in travelled distances between these groups of killers. Nonparametric tests revealed that body‐disposing and non‐body‐disposing serial killers and sexual and acquisitive serial killers did not constitute subgroups of serial killers regarding their spatial behaviour. The results suggest that the compared groups are subjected to the same factors that influence their travelled distances. Furthermore, the possible role of planning and anticipated emotions in crime location choices of serial killers is discussed, as well as the limitations of the study and recommendations for future research.     

Linking property crime using offender crime scene behaviour: A comparison of methods

This study compared the ability of seven statistical models to distinguish between linked and unlinked crimes. The seven models utilised geographical, temporal, and modus operandi information relating to residential burglaries (n = 180), commercial robberies, (n = 118), and car thefts (n = 376). Model performance was assessed using receiver operating characteristic analysis and by examining the success with which the seven models could successfully prioritise linked over unlinked crimes. The regression‐based and probabilistic models achieved comparable accuracy and were generally more accurate than the tree‐based models tested in this study. The Logistic algorithm achieved the highest area under the curve (AUC) for residential burglary (AUC = 0.903) and commercial robbery (AUC = 0.830) and the SimpleLogistic algorithm achieving the highest for car theft (AUC = 0.820). The findings also indicated that discrimination accuracy is maximised (in some situations) if behavioural domains are utilised rather than individual crime scene behaviours and that the AUC should not be used as the sole measure of accuracy in behavioural crime linkage research.     

Clinical Validation of the Swedish Version of the Quality of Life Inventory in Crime Victims with Posttraumatic Stress Disorder and a Nonclinical Sample

The Swedish version of the Quality of Life Inventory (QOLI) was cross-culturally validated with a crime victim sample (N = 53) with posttraumatic stress disorder (PTSD) and a nonclinical group (N = 100) with no lifetime and current psychiatric disorder from the general population in the Stockholm county of Sweden. The QOLI showed excellent internal consistencies in the clinical and the nonclinical sample. In addition, PTSD participants displayed a significantly lower self-perceived quality of life in 13 out of 16 domains of life than the nonclinical individuals. Furthermore, the QOLI was inversely correlated with interview and self-report measures of PTSD symptoms, depression, and anxiety. Overall, the results support the utility of the Swedish QOLI version as a potentially useful measure of self-perceived quality of life in Swedish clinical and nonclinical samples. The results are discussed in relation to the Swedish cross-cultural validation of the QOLI, methodological limitations and future directions.     

注意缺陷多动症与犯罪的关系及其司法启示

注意缺陷多动症(Attention deficit hyperactivity disorder, ADHD) 是一种常见于儿童期的精神障碍, 也可能持续到青少年及成年阶段, 其症状表现为难于集中注意力、难于控制其行为及活动过度等, 这些缺陷可能会增加患者犯罪的几率。轻微脑功能障碍、自我调节学说、强化敏感性理论、相关人格特质等在一定程度上可解释ADHD与犯罪的关系。ADHD作用于犯罪存在三种不同的可能路径, 即独立作用、间接作用和无作用。文中特别指出ADHD患者在刑事司法过程中表现的特点及其司法启示。未来研究应从基因、神经心理机制及其与环境的交互作用上进一步探讨ADHD与犯罪的关系, 并提示在犯罪预防、审讯、法庭审判以及罪犯矫治中需要考量ADHD的可能影响。