Re: Seciton Death Manual
2For Brief Introduction
删除由 Jane R.Marple 在 2024年 4月 16日 16:48

MASTER OF SCIENCE IN CRIMINAL JUSTICE - UW&SEATTLE
"些小吾曹州县吏,一枝一叶总关情.”
Re: Seciton Death Manual
3凶杀调查手册:前言
000.何为凶杀?
“杀人”,简而言之,就是指一个人将另一个人杀死的行为。杀人和凶杀是两个概念,在部分情况下,“杀人”是合理并不需要负责的,最容易理解的例子之一是执法人员击杀活跃射手。
现实世界中,凶杀案在任何执法机关中都会受到格外的关注,并获得比常规案件更多的调查资源;而在游戏世界中,凶杀案件调查也是最为综合、复杂、对执法组织扮演能力要求最高的扮演场景。
借由这份指南,我们希望在引入凶杀案件调查的专门指引的同时,体现出警探扮演所需浩若烟海角色扮演知识中的普适性原则,并最终为警探局和警察局的整体扮演水平添砖加瓦。
001.法务
圣安地列斯州刑法典中已经规定了与凶杀相关的所有罪名。值得一提的是,部分杀人过程中犯下的罪行可以与杀人共同起诉,如(1)12.故意伤害。在这里,就凶杀调查中可能遇到的顾念问题做一个辨析:
谋杀
刑法1(09).蓄意杀人规定了该罪名用于起诉“故意在事先考虑过的情况下非法杀害他人“和”从事已被证明是预谋行为实施谋杀“的人,为便于相关案件的调查和起诉,在这里,我们将蓄意杀人的因素更进一步做出划分:
- 使用了破坏性的武器和手段,包括爆炸物、能造成重大伤害的武器和其他等同效果的工具;
- 使用了能够射穿防弹衣等设备的高穿甲弹药;
- 通过埋伏、投毒、决水、虐待等需预谋的方式致人死亡;
- 在实施或企图实施纵火、强奸、抢劫、盗窃、骚乱、绑架、破坏的过程中造成的死亡;
- 公共场合驾车扫荡;
过失杀人指那些无意中杀死他人的行为,同样,我们将其进一步划分:
- 虽在争吵、缠斗中的激情杀人;
- 在违法时杀害他人,但并非出于犯罪的本心,且杀人行为无法构成重罪;
- 在可能致人死亡的合法活动中没有做到足够的谨慎、采取相关预防措施;
- 在意外、疏忽大意或在情绪失控之下驾车致人死亡
主犯 指所有参与犯罪实施的人(All persons concerned in the commission of a crime),进一步来说指那些
- 直接参与了犯罪行为的人,无论犯罪本身是轻罪还是重罪;
- 虽然没有直接参与犯罪,但在犯罪中提供策划、教唆或其他咨询性帮助因素;
- 以强迫、故意灌酒、恐吓、强迫另一个人实施犯罪;
- 令14岁以下青少年和精神上无行为能力这参与犯罪的人
主犯和从犯是均是共同犯罪中的个体,可以被起诉相同的罪名,但在刑期上应有所差别;同时应当注意刑法中额外列出的帮助类罪名,如(8)02.逃避执法人员、(4)22. 公职贪腐、(4)07. 虚假指控、(5)03. 煽动暴动。
精神因素
由于“谋杀”和过失杀人之区别在于有无“谋划”,精神因素是此类案件中最为常用的辩护手段,嫌疑人很有可能会声称自己只是临时起意、假装不明白行为可能的风险、或者最为直白地装疯作傻。
调查员应当明白,能否解释或证明嫌疑人“是否有足够的能力产生、执星杀害他人的意图是最终案件以“起诉谋杀、起诉过失杀人、放弃起诉”的关键。个中的侦查思维同样可以用于其他类似的可能需要区分“有意”和“无意”的案件,可能的方包括
- 时刻观察嫌疑人的举止,检查是否有任何迹象表明嫌疑人存在精神状态不稳定等情况;如果嫌疑人真如他们所声称的那样存在精神不适,那么一定能在大多数时刻观察到类似的状态;
- 检查嫌疑人是否能够理性地发言以及是否有能力直接回答问题。如果被告表现出理性的行为方式并且能够明智地回答问题,这将是有助于否定精神辩护的有力证据。如果他/她似乎无法控制自己或无法以理性的方式说话,则应以书面形式记录下来,并尽可能进行录音。
- 与犯罪现场的目击者交谈。尝试确定嫌疑人在犯罪时和/或犯罪前后的行为举止和外表。确定嫌疑人是否尖叫、行为不理智,或者他/她的行为是否冷漠、有条不紊。
- 在罪案发生前:嫌疑人有无购买武器;有无跟踪、监视被害人,出现在被害人的住处附近;有无遮挡车牌、穿着有伪装性质的服饰;有无饮酒、吸毒;有无尝试通过电话联系被害人,无论是为了确认其位置还是语言恐吓,etc.
- 罪案发生中,嫌疑人有无理性的思考;其杀人的方式;被害人的伤口有无集中在特定区域,如头部、胸口,etc
- 罪案发生后,嫌疑人有无擦去指纹;有无破坏现场证据和作案工具,etc

MASTER OF SCIENCE IN CRIMINAL JUSTICE - UW&SEATTLE
"些小吾曹州县吏,一枝一叶总关情.”
Re: Seciton Death Manual
4凶杀调查手册:初步调查
100.常规
凶杀案的第一到场警员应当立刻隔离案发现场及其毗邻区,清空现场,确保没有可能的嫌疑人或未被发现的伤员,包括案发附近的室内环境(宪法第四修正案允许警员在紧急情况下直接进入室内,而不需要提前申请逮捕令)。
警员应当记下自己触碰过的所有物品,并在调查员到场后及时告知他们。现场警员中等级最高的应当在警探或监督员到场前出任主管。
在调查员/主管到达现场前,任何人不应进入或离开现场,这包括了在周围看热闹的人。急救员、医生、DMEC可以接近尸体,但应该尽力确保他们不会对证据造成损坏。
在调查中,警员应当在监督员或调查员的指挥下,以不污染现场证据的方式,妥善、谨慎地分类并搜集物证。如果犯罪现场没有遮挡的公共用地,应当呼叫警探局的现场反应小组,并设置现场调查临时指挥部,放置现场行动雨棚(( LSPD Gazebo))
101.急救人员信息
102.调查员呼叫
调查员在收到尸体或杀人案件相关信息时候应当记录以下信息:
- 接收信息的时间、地点、方式(无线电、电话、面对面谈话)
- 报告信息警员的姓名、编号、单位
- 尸体/犯罪现场的位置、描述以及发现的方式(巡逻、市民报告、匿名电话)
- 现场制服警员活动、防线情况,有无开展现场调查
- 现场负责警员的姓名、警号、联系方式
- 现场目击者,嫌疑人的位置和状态(在场、要求离开、被拘留、入院治疗)
- 是否有需要有其他语言背景的调查员
103.现场调查步骤
现场初步调查是死亡调查最重要、敏感的步骤;理想情况下最佳的调查模型是“将每一起死亡均视为案件调查,直到证据给出不同的结论“,调查员应当极力保护现场的证据,以避免不可挽回的损失。
警员应当牢记:缩小防线永远比扩大防线更容易,当犯罪现场在室外时,可以充分利用案发地的山川形势,尽可能广泛的建立防线,通过使用黄色的警戒线、交通锥等。大的警戒区域形成后可以再划分小的工作区,以便系统的检查现场的信息。在必要的情况下,应当考虑建设现场指挥站(Command Post),用于容纳现场指挥人员、其他机构工作人员和媒体人员。
- 防线 确保防线的面积能够保护所有可能的证据的同时,严密控制防线内外流动
- 犯罪通报 对外传输已知的嫌疑人和嫌疑车辆相关信息,ASAP
- 定位/逮捕嫌疑人 如果能判定嫌疑人之行方,应当即刻逮捕侦讯
- 巡猎(Canvass) 对外延展搜查,寻找可能的目击者和可能被遗漏的证据,特别是嫌疑人逃跑途中留下的
- 获取响应人员陈述 所有响应到现场的警员、警探、监督员应提供细节的现场调查陈述,对响应的其他机构人员则不应当苛责
- 目击证人陈述 确定目击证人的姓名、性别、身份等,推荐填写人员信息采集卡;使用笔记本、录音笔、执法记录仪等记录下人员陈述;请注意,目击证人可能是隐藏身份的嫌疑人,如果他们拒绝透露自己的姓名,应当采取政策允许的方式获得之.
- 绘制现场示意图
暴力犯罪或死亡的现场可能非常混乱;媒体、围观群众(包括潜在的目击人群)、执法人员和急救人员的活动,都可能对现场调查进度造成影响;现场有许多事情要做,但调查员最先要做的事情之一就是接管现场调查指挥权,调查员应当告知现场的主管和主官自己已被指派到该案件,并需要接管现场的指挥权;凶杀警探总体上应当将除了警探、调查员、鉴识人员外的其他所有人都清除出去;只要实际可行,调查员就应当花时间审查和评估犯罪现场的程序,并提供指导和调整;调查员并不是天生就知道一个现场到底有什么,在这种情况下花点时间去检查现场的情况会很有必要,可能的关注点是
- 到达的时间
- 现场和防线的具体位置
- 初步报告:案件来源,关键目击人的陈述,现场巡猎状态,显著的警察活动和明显的线索
- 犯罪现场的描述
- 如果尸体在房子外边放着,关注下这地方是商业区还是居民区,建筑的情况怎么样,有没有人行道、现场的车辆是什么情况
- 如果尸体在房子里头放着,同样关注现场是居民区还是商业区,房间的描述(房间、起居室),这里头有什么东西;亮度;温度;
- 尸体的性别,外表特征,位置,血液的情况,可见的伤口
- 证据的基本位置
被分配到维持现场防线的警员,直到凶杀调查员通知解散前都不应当离开;在遇到大型凶杀现场时,调查员应当考虑利用现场的监督
106.目击证人管制
When prioritizing tasks at a scene, homicide investigators should determine the
107.嫌疑人管制
107/01.Outstanding
Police should attempt to determine a suspect’s location. If the suspect is not in custody, ensure that crime information has been broadcast, if appropriate. When the suspect is known and has fled the scene, a detective or, if necessary, the uniformed watch commander should be contacted and requested to begin checking all available records and systems for background information on the suspect and his or her associates, relatives, vehicles, hangouts, etc. Whenever possible, police should make all efforts to arrest those involved, and if practical, immediately consult with and/or notify the homicide investigator.
107/02.In Custody
If the suspect is in custody, the homicide investigator must decide whether the suspect should be interrogated at the police station, at the scene, or some other location. Wherever the location may be, homicide investigators should remain flexible. Prior to conducting an interrogation, investigators should consider a multitude of factors such as, knowledge of the scene, familiarity with the evidence,any information provided by witnesses, the suspect’s background, or other factors.
(See Chapter VII/Section 5, Interrogation and Interview Techniques, for additional
discussion on this subject).
107/03. Transporting a Suspect
The transportation of the suspect to the police station can be a crucial juncture in the investigation. It can be a period where the suspect’s attitude hardens towards the victim or the police and could result in an unwillingness to communicate. It can also be a period when the suspect develops remorse. Since it could become a decisive moment for the suspect, it is imperative that the transporting officers or investigators say or do nothing that could cause the suspect to resist subsequent investigative efforts.
The following points are recommended for those who may be charged with the responsibility of transporting the suspect to the station:
- 不应告诫或询问嫌疑人关于案件的任何信息,详细的问询工作应当在运输回部门建筑后,在准备充分材料的基础上再行,如果嫌疑人主动开口,那么就记录之
- 不得做出任何可能被理解为“非罪化判断”的言论.
- 不应与嫌疑人讨论案件
- 不应过度向嫌疑人表达善意,这可能会被理解为“软弱无力“,进而遭致嫌疑人的强硬态度
- 不应以语言、手势向嫌疑人表达敌意,也不得虐待嘲讽嫌疑人,这会否定逮捕和拘留的合法
- 不应在一台车上运输多名嫌疑人,亦不应让嫌疑人和目击证人共处一车
- 不得让同案被捕的嫌疑人共处一室,以防其串供
- 不得让嫌疑人收听警员之间的对话或警用电台
- 不得允许嫌疑人清理其手部和衣物,这可能会污染证据
it is important that an experienced investigator conduct the examination in a timely manner to preclude the loss or destruction of
evidence and/or misinterpretation of its significance.
The suspect shall be instructed to undress over a clean piece of paper to prevent loss or destruction of physical evidence. The suspect’s clothing and the clean piece of paper shall be booked as evidence.
All clothing shall be packaged separately. Anytime a suspect is believed to have handled a firearm and/or in cases where a firearm was used, efforts should be made to sample a suspect’s hands using adhesive disks contained in a Gunshot Residue (GSR) kit.
Personnel collecting GSR evidence shall completely fill out all required information on the front of the kit (i.e., name of officer and suspect, date and time test completed, time suspect last washed hands) and deliver the completed kit to a homicide investigator unless instructed otherwise.
For additional information on GSR evidence and kits, contact the FSD Trace Analysis Unit at (323) 415-8850.
108.目击者交互
目击证人的陈述对成功的调查和起诉是必要的,警员应当确定他们的身份,鼓励他们参与到案件调查中来。请注意,目击者也是有感情的人,而非等候警员询问的问答机器。警员应当注意在调查伊始就与其建立良性的合作关系。警员应当时刻牢记,建立第一印象的机会永远只有一次,而目击者在现场与警员交互的体验可能会影响他们与警方的后续合作。
警员应尽最大努力稳定目击者的情绪状态,促使其配合调查合作,可能的方法包括为其创造安定和平(Calm and Peace)的沟通环境,通过将其带离到公众视野外的能让其有安全感的地方接受问询。在获得目击者的许可时,应当将他们运输到警察局办公建筑内,接受调查员的录音录像问询。但请注意,“目击犯罪行为”并不是警员拘留目击者的合理理由,警员不应强迫目击者做出陈述或配合调查。
109. Dealing with Bystanders
Officers and detectives should use courtesy and tact when dealing with curious onlookers. This approach serves several purposes. It will gain cooperation from people and may persuade a witness to come forward and provide valuable information about the crime.
There may even be times when a suspect or a suspect’s associate returns to the scene to watch the investigation or attempt to
retrieve dropped items. Officers should pay close attention to any bystanders or individuals inquiring about the crime.
These people may become subjects of interest at a later point in the investigation. Officers and detectives may also have to interact with other Department employees who are not assigned to the incident or directly involved in the crime scene procedures.
The presence of curious employees in and around a scene can result in the unintentional destruction or contamination of evidence. Standing or walking at the crime scene, as well as leaning against walls or doorways, may destroy, or alter valuable evidence such as blood, latent prints, shoeprints, hair, or skin specimens.
Should fingerprints, palm prints, or shoe sole impressions be located, all individuals (police, fire, coroner, witnesses, victims) who were at the crime scene may have to be fingerprinted or submit a shoe sole exemplar for elimination purposes. This can be time consuming and can be avoided by ensuring tight controls that limit the number of people who enter the crime scene.
110 Officer–Involved Shooting (OIS) Resulting in Death
Officers may find themselves responding to an incident wherein an LAPD officer discharged a firearm, and an officer or another person is killed.The first officer at scene should ensure the following actions occur if they have not already been completed:
- Request a supervisor and additional units. Assess the need for medical personnel and request a rescue ambulance if required.
- Handcuff the suspect, even if the suspect is severely wounded.
- Preserve the scene. If tactically safe, leave all evidence where it is located.
- Coordinate the arrival of responding units and establish a perimeter for scene
preservation and for the search of outstanding suspects, if appropriate. - Ensure the involved officer’s service weapon is de-cocked and holstered
once the tactical situation is resolved, if appropriate. - Locate and identify witnesses to the shooting incident.

MASTER OF SCIENCE IN CRIMINAL JUSTICE - UW&SEATTLE
"些小吾曹州县吏,一枝一叶总关情.”
Re: 凶杀调查手册
5
凶杀调查手册:
400.被害人因素(Victim Information)
对死者的调查,既应关注对其死亡方式的研判,也应了解其日常的生活动向;对人的透彻了解往往有助于调查员确定谋杀的动机,深入判断事件的成因;可能的信息来源包括家人、朋友、邻居、同事、社交媒体活动、政府记录等;可能的关键点包括:
401.常规性死亡(Victim Information)
402.非常规死亡
402/4.性侵犯致死(Sexual Homocide)
性侵犯致死会吸引社区和媒体的广泛注意力;其侦查极大地依赖于现场证据的搜查;联邦调查局于1980年代制定了“性侵犯致死”的判定规则:
• Genitals are exposed,
• Body is found in a sexually explicit position,
• An object has been inserted into a body cavity (anus, vagina, or mouth),
• Evidence of sexual contact,
• Evidence of substitutive sexual activity (e.g., masturbation and ejaculation at
the crime scene) or of sadistic sexual fantasies (e.g., genital mutilation).
These guidelines were designed to assist U.S. homicide law enforcement officers
in the identification of a possible sexual motive. They neither define the offense,
nor do they provide the investigator with any useful information about the
offender. Despite the methods used to construct typologies, researchers have
arrived at similar results, consistently identifying two main types of sexual
murderers: Angry and Sadistic.
Inherent in anger is the tendency to hurt or cause harm, and when this is channeled
into a sexually aggressive response, it becomes a very powerful weapon capable of
inflicting maximum distress in the victim. For sexual murderers, anger appears to
be a key feature in the pre-crime phase of the offense.
The second pathway an offender might take when committing a sexual homicide is
via sadism or sadistic sexual interest. In the Diagnostic and Statistical Manual of
Mental Disorders (DSM), sadism is classified as a paraphilia and is referred to as
“sexual sadism.” According to DSM, it is thought to involve “recurrent intense
sexually arousing fantasies, sexual urges or behaviors involving acts (real, not
simulated) in which the psychological or physical suffering (including the
humiliation) of the victim is sexually exciting to the person.” Like anger, sadistic
sexual interest is important to consider when formulating a suspected case of
sexual homicide, but it might not explain the motive for the killing.
Several studies have found a third category of sexual murderer who is motivated
primarily through sex. Violence used in such cases is instrumental rather than
emotional or reactive. At the time of the offense, it appears that the offender in
this category is determined to have sex regardless of what he has to do to obtain it.
Victims are often selected on the basis of opportunity and level of vulnerability
(e.g., the victim is observed walking alone in a poorly lit street at night). The
offense is likely to involve some degree of planning and will include some level of
fantasy, although not to the same degree as the sadistic offender. In many respects,
the men who fall into this category of sexual murderer are typical of the nonhomicidal sexual offenders who target adult women. Homicides may be
committed either to silence the only witness to a sexual attack, or they are
HOMICIDE MANUAL
CHAPTER VI-UNUSUAL CIRCUMSTANCES
Prepared by Investigative Analysis Section
April 27, 2021
154
committed in an effort to keep the victim quiet. In the latter case, the offender may
not intend to kill his victim, but victims may die in response to unnecessary force
or restraint to manage resistance. Research thus far has found little evidence of
any ritual elements in the murder itself and there is generally a low level of sexual
mutilation or sexual interference after death. Offenders in this category evidence
stereotypical views about the sexes, including those relating to a man's entitlement.
However, they are less likely to be impulsive than offenders in the other categories
and they are not driven by grievance, anger, or revenge.
In summary, no matter how one defines sexual homicide, it is apparent that each
case is unique. There may be multiple motives behind any sexual killing and this
can only be established through detailed formulation using multiple sources of
evidence. Findings have been consistent and seem to indicate two main types of
killers: those motivated by anger or revenge and those motivated by a sadistic
sexual drive. There is accumulating evidence to support the contention that anger
and sadism are important concepts in understanding the motivation behind extreme
acts of sexual violence. The literature is consistent in suggesting that the majority
of sexual murderers, even those detained in forensic psychiatric hospitals, do not
suffer from a major mental illness. Personality disorders are far more common as
are psychopathic traits, paraphilias, and paraphilia-related disorders.
400.被害人因素(Victim Information)
对死者的调查,既应关注对其死亡方式的研判,也应了解其日常的生活动向;对人的透彻了解往往有助于调查员确定谋杀的动机,深入判断事件的成因;可能的信息来源包括家人、朋友、邻居、同事、社交媒体活动、政府记录等;可能的关键点包括:
- 经济情况:被害人的经济状况;社会阶级如何;有稳定工作或赋闲在家;最近是否有被解雇;有无欠债;
- 婚姻状态:单身/离异/分居/结婚;配偶状态;家庭关系是否和睦,有无婚外恋,有无家暴;
- 身体情况:整体身体健康状况;心理健康情况;药物依赖史
- 社会关系:有关人士、朋友;社交活动;犯罪历史
- 财产损失:被害人身上有无直接财产损失;其家中、车辆、住所的环境如何;
- 犯罪历史:有无犯罪记录或帮派联系;
- 其他综合信息:社会声誉、接触、有无被威胁;电脑使用
401.常规性死亡(Victim Information)
402.非常规死亡
402/4.性侵犯致死(Sexual Homocide)
性侵犯致死会吸引社区和媒体的广泛注意力;其侦查极大地依赖于现场证据的搜查;联邦调查局于1980年代制定了“性侵犯致死”的判定规则:
- 被害人在被发现时全裸/半裸;
- 外生殖器暴露;
- 尸体在被发现时存在性暴露情况;
- 尸体中存在异物插入:肛门、阴道、嘴巴
- 性交的迹象;
• Genitals are exposed,
• Body is found in a sexually explicit position,
• An object has been inserted into a body cavity (anus, vagina, or mouth),
• Evidence of sexual contact,
• Evidence of substitutive sexual activity (e.g., masturbation and ejaculation at
the crime scene) or of sadistic sexual fantasies (e.g., genital mutilation).
These guidelines were designed to assist U.S. homicide law enforcement officers
in the identification of a possible sexual motive. They neither define the offense,
nor do they provide the investigator with any useful information about the
offender. Despite the methods used to construct typologies, researchers have
arrived at similar results, consistently identifying two main types of sexual
murderers: Angry and Sadistic.
Inherent in anger is the tendency to hurt or cause harm, and when this is channeled
into a sexually aggressive response, it becomes a very powerful weapon capable of
inflicting maximum distress in the victim. For sexual murderers, anger appears to
be a key feature in the pre-crime phase of the offense.
The second pathway an offender might take when committing a sexual homicide is
via sadism or sadistic sexual interest. In the Diagnostic and Statistical Manual of
Mental Disorders (DSM), sadism is classified as a paraphilia and is referred to as
“sexual sadism.” According to DSM, it is thought to involve “recurrent intense
sexually arousing fantasies, sexual urges or behaviors involving acts (real, not
simulated) in which the psychological or physical suffering (including the
humiliation) of the victim is sexually exciting to the person.” Like anger, sadistic
sexual interest is important to consider when formulating a suspected case of
sexual homicide, but it might not explain the motive for the killing.
Several studies have found a third category of sexual murderer who is motivated
primarily through sex. Violence used in such cases is instrumental rather than
emotional or reactive. At the time of the offense, it appears that the offender in
this category is determined to have sex regardless of what he has to do to obtain it.
Victims are often selected on the basis of opportunity and level of vulnerability
(e.g., the victim is observed walking alone in a poorly lit street at night). The
offense is likely to involve some degree of planning and will include some level of
fantasy, although not to the same degree as the sadistic offender. In many respects,
the men who fall into this category of sexual murderer are typical of the nonhomicidal sexual offenders who target adult women. Homicides may be
committed either to silence the only witness to a sexual attack, or they are
HOMICIDE MANUAL
CHAPTER VI-UNUSUAL CIRCUMSTANCES
Prepared by Investigative Analysis Section
April 27, 2021
154
committed in an effort to keep the victim quiet. In the latter case, the offender may
not intend to kill his victim, but victims may die in response to unnecessary force
or restraint to manage resistance. Research thus far has found little evidence of
any ritual elements in the murder itself and there is generally a low level of sexual
mutilation or sexual interference after death. Offenders in this category evidence
stereotypical views about the sexes, including those relating to a man's entitlement.
However, they are less likely to be impulsive than offenders in the other categories
and they are not driven by grievance, anger, or revenge.
In summary, no matter how one defines sexual homicide, it is apparent that each
case is unique. There may be multiple motives behind any sexual killing and this
can only be established through detailed formulation using multiple sources of
evidence. Findings have been consistent and seem to indicate two main types of
killers: those motivated by anger or revenge and those motivated by a sadistic
sexual drive. There is accumulating evidence to support the contention that anger
and sadism are important concepts in understanding the motivation behind extreme
acts of sexual violence. The literature is consistent in suggesting that the majority
of sexual murderers, even those detained in forensic psychiatric hospitals, do not
suffer from a major mental illness. Personality disorders are far more common as
are psychopathic traits, paraphilias, and paraphilia-related disorders.

MASTER OF SCIENCE IN CRIMINAL JUSTICE - UW&SEATTLE
"些小吾曹州县吏,一枝一叶总关情.”
Re: 凶杀调查手册
6凶杀调查手册:审讯
500.问询和审问(Interview and Interrogation
There are several interview and interrogation methods and techniques that are employed by investigators throughout the United States. However, the best training, the most suitable environment, and effective props are no guarantees that a suspect will confess, admit or even speak with investigators.
In addition to understanding a suspect’s motivation, how to introduce evidence into the dialogueand various other things, an investigator must also be able to focus and communicate effectively.
Unless explicitly stated, there is no expectation of privacy in the presence of a peace officer, in a police vehicle, in a police facility, or in a custodial environment. Audio and video recordings can be very compelling pieces of evidence in that they provide additional insight and perspective and are difficult to refute.
With this in mind, it is imperative that the homicide investigator understands, is familiar with,and adheres to the many laws and policies that address interviewing and interrogating suspects. This includes placing an undercover officer and/or agent
posing as an inmate or arrestee in a monitored, custodial setting to converse with an adult suspect about a specific incident or event
“Use of Secret Service Funds for Undercover, In-custody Operations,” Robbery Homicide Division shall be responsible for reviewing all requests, providing subject matter expertise, and orchestrating all undercover in-custody operations
involving an adult suspect. Major Crimes Division shall be utilized when the suspect is a juvenile.
Preparing for an interview or interrogation is as important as the encounter itself. The investigator must evaluate each situation and each suspect individually. In some cases, this may mean delegating another team or investigator to conduct the interview or interrogation. It could also mean having others remotely monitor the interaction to focus on the suspect’s body language and responses to certain topics, keep the interrogators on point, and/or conduct computer queries or immediate follow-ups to verify or disqualify a suspect’s alibi
501.问寻人
The homicide investigator must be firm without being harsh, sympathetic without being soft. He/she must keep complete control of him/herself, both physically and mentally. Nervous habits such as tapping, lip chewing, and ear-pulling must always be noticed in a suspect but never practiced by the interrogator.
A suspect’s demeanor during an interview or interrogation can give clues as to his/her truthfulness and the progress, or lack thereof, attained towards a confession.
The interrogator should, in some cases, avoid creating the impression that he/she is a police officer seeking a confession. An interrogator who portrays the role of one who is merely seeking the truth may be more successful in obtaining truthful
statements from a suspect. This method depends upon the type of suspect you are interrogating.
Some interrogation experts recommend that the interrogator wear suitable business attire to make the interrogation more businesslike. Frequently, because of the effects on a suspect, officers should conceal the most apparent symbol of authority–the weapon. For officer safety, it may be advisable for an investigator to secure his/her weapon in a locker prior to the interrogation.
The interrogator should use terms and language that are readily understood by the suspect. Do not use terms or language that the suspect is unable to comprehend. The interrogator should avoid the use of harsh words or expressions such as “kill,” “steal,” and “confess.” It is more conducive when obtaining an admission or confession to use milder words like “shoot,” “take,” and “tell the truth.” Usually, a suspect should not be told, “You’re lying.” A better expression would be, “You’re not telling me the truth.”
If officers or detectives are trying to obtain information involving an imminent threat to life or property, they have to limit their questions to those which are reasonably necessary to obtain information involving theprotection of life or property from any threats.
An additional issue that may arise during the interrogation of a juvenile subject isthe six-hour time limitation in a secure detention facility. Welfare and Institutions Therefore, the interrogation should be completed within the six-hour time frame.
502.罪犯种类
调查员应当注意在面对不同嫌疑人时采取不同的问询策略,下面将列出几种常见的罪犯类型和响应的注意点。
502/1.帮派相关人士(Gang Member or Gang-Motivated)
在所有犯罪分子中,帮派相关人士最常与LSPD发生接触。
These individuals identify with a group and attain status by committing acts to further the gang’s activities, impress, and/or
intimidate others. Expect this suspect to be aggressive, hostile, and even outwardly defiant. They are likely accustomed to police contact and/or involvement in violent crime and are not dissuaded or intimidated at the prospect of incarceration. Your approach will likely vary depending upon the age, position, and type of gang member you are interrogating (Hispanic, Black, Asian, Armenian, Outlaw Motorcycle).
There may be an occasion where a group of individuals kill someone. Remember, seldom does the whole gang have the same motive when they kill an individual. Usually, one gang member hates the victim for a particular reason and initiates the assault. The others join in, following the lead of their fellow gang member. Be mindful and prepared to address a suspect’s attempts to claim he/she was “forced” to do it. In cases of drive-by shootings with multiple occupants, be prepared to address a suspect’s claim that he/she did not know what was going to happen or their attempts to direct blame on others.
502/2.非专业罪犯
包括初犯、没有暴力犯罪背景的青少年罪犯和轻罪犯罪者,在问询中可能表现出高度焦虑。
502/3.专业罪犯
Professional Criminal. In this context, the term “professional” implies one who has a significant criminal history and who has likely been incarcerated. They have chosen crime as their primary source of activity. It does not refer to their success,
ability or necessarily imply a level of sophistication. The key to an effective interrogation of this murder suspect is knowing the suspect’s motive. Many murders are committed incidental to the commission of another crime (robbery, burglary, rape). The other crime involved may be the key to learning about the murder.
502/4.职业杀手.
This person kills for profit. The amount of money paid to his type of criminal, their depth of experience, and level of skill may vary
significantly. Money is usually the closest thing to a personal motive and this person is often associated with organized crime. It is extremely difficult to interrogate this type of suspect since they have likely have gone to some lengths to separate themselves from their actions and their benefactor(s).
503.准备工作
“知识就是力量”,调查员在问询应全面了解案件的情形,即了解犯罪方式、嫌疑人和被害人,就嫌疑人而言,应包括:
- 个人背景信息,包括年龄、教育程度、犯罪记录、宗教信仰
- 身心是否健康,有无饮酒吸毒史,有无心理疾病
- 与被害人和犯罪现场的关系
- 可能的动机
- 逮捕警员、目击证人的陈述
503.准备工作
Interrogation of murder suspects shall be audio and/or video recorded. When conducting a recorded interrogation of a suspect, emphasis should be on the following areas to ensure an effective recording.
Obtain the best available room. Avoid background conversation, slamming doors, scraping chairs, ringing telephones, and deliberate interruptions. Ensure that the recording system is working and in operation prior to placing the suspect in the interrogation room.
The Form 05.10.00 interview should be conducted prior to the interrogation. Plan the approach. If two investigators are interrogating the suspect, decide who is to ask the questions. Permit the primary investigator to make the approach, ask key questions, and conclude the interrogation.
The silent partner can then, and only then, ask questions which are thought to be pertinent. Ensure that the interview will not run too long, and that the suspect’s rights are not inadvertently violated.
The Investigator’s Final Report, Form 05.10.00, is an extension of the booking process and is strictly an administrative procedure. An exception exists in cases where the Form 05.10.00 background information is to be a factor, or evidence, against the suspect. Under these circumstances, a Miranda admonishment and either an express or implied waiver would be required prior to obtaining the information. The Form 05.10.00 interview should be tape-recorded in anticipation of potential defense arguments.
504.Taking Statements
The investigator taking the statement should:
- Arrange seating so the interrogator and the suspect are on the same eye
level and fairly close together. (Distance often creates a barrier.) - Keep paper and pencils out of sight. Avoid taking notes.
- Avoid great differentiation in voice volume between participants.
- Include date, time, and location of the interview.
- Identify all those present.
- Admonish the suspect of his/her rights. Make sure that the suspect
thoroughly understands his/her rights and then obtain an express or
implied waiver. - Where it may be questioned, be sure the suspect knows the difference
between right and wrong. - Give some thought to your phraseology. It will be transcribed verbatim
and possibly read in court. - Verbally define non-verbal communications and gain the suspect’s
acknowledgment in cases where the only recording of the conversation is
audio. (e.g., if the suspect nods, you ask, “I see you nodding your head,
do you mean ‘yes’?”) - Avoid using profanity.
- Do not make promises and threats.
- Do not create an atmosphere of coercion or duress.
- Do all the talking. Obtain something more than a “yes” or “no” from the
suspect. Permit the suspect to answer. Avoid a monologue. - Hurry. Wait for an answer and then insist that it be vocal. Do not accept
head movements or grunts (“huh” and “ah-huh”) answers. - Interrupt. Avoid both talking at once.
- Discuss the suspect’s criminal h
- istory or prior record.
- Conflicting stories by the suspect(s).
- Conflicting stories by the witness(es).
- All leads fail to identify the suspect.
- A suspect requests the polygraph to show his/her innocence.
- A witness requests you to verify his/her veracity.
- To confirm or refute an allegation.
- When suspect “cops out” to only a portion of the offense.
- What are some situations when a polygraph examination is not desirable?
- Suspect declines to volunteer for a polygraph examination.
- Other leads are present.
- After admission or confession unless it may be false
- The person is mentally incompetent.
- The suspect is under the influence of alcohol or narcotics.
The investigator is responsible for:
• Becoming familiar with Department polygraph procedure and technique.
• Talking to his/her supervisor to determine, if a polygraph is desirable.
• Discussing his/her case with the polygraph examiner.
• Being present when the polygraph examination is given.
• Obtaining a recorded or written confession or statement, as applicable,
after a polygraph examination.
5.3 DO’s and DON’Ts for the investigator
DON’T:
• Interrogate immediately before a polygraph examination.
• Furnish the suspect with information during interviews that might taint
the polygraph examination.
• Describe the polygraph as infallible.
• Tell the suspect that only certain types of questions will be asked.
• Volunteer to the suspect that polygraph examination results are
inadmissible.
• Use the polygraph as a crutch.
• Expect an examiner to conduct a “witch hunt.”
• Attempt to clear several cases with one exam.
DO:
• Re-interview an untruthful suspect as soon as possible after the polygraph
examination.
• Point out the effectiveness of the polygraph.
• Withhold detailed information from the suspect.
• Tell the suspect the examiner is qualified.
• Tell the suspect of your confidence in the polygraph.
• Advise the suspect to obtain a good night’s sleep.
• Discuss the case with the examiner.
• Concentrate on primary issues.
• Advise the examiner of the basic issues to be resolved.
• Confine the polygraph examination to one specific offense.
• Accept the polygraph for what it is–an aid. It cannot do all of the work.
If properly used, it may help.

MASTER OF SCIENCE IN CRIMINAL JUSTICE - UW&SEATTLE
"些小吾曹州县吏,一枝一叶总关情.”