论律师伪证罪与他罪竞合情形下的处理

律师伪证罪与众多证据犯罪具有相似之处,在一些特定情况下,客观行为的相似性会导致在司法实践中出现交叉与竞合的问题,在定罪以及量刑上可能会出现模棱两可的情况。律师伪证罪主观意图是通过毁灭、伪造证据等行为,达到有利于犯罪嫌疑人、被告人的结果,其可能触犯他罪,属于法条竞合关系。由于律师伪证罪与其他的证据犯罪的轻罪、重罪关系并不明显,一般都按照律师伪证罪处理。律师伪证罪本身存在多种问题。需要不断加以完善。     

疑罪问题研究

疑罪是指在刑事诉讼活动中,因证据不足而对犯罪嫌疑人、被告人是否构成犯罪以及罪行轻重、此罪彼罪与一罪数罪等方面难以作出正确判断的情况。疑罪的基本特征是证据不足。疑罪可分为罪与非罪之疑罪、情节轻重之疑罪、此罪彼罪之疑罪和一罪数罪之疑罪。疑罪产生的原因是多方面的。认定疑罪要注意与疑难刑事案件相区别,把握好疑罪的认定标准,掌握好疑罪的处理原则:罪与非罪之疑适用疑罪从无;情节轻重之疑、此罪彼罪之疑和一罪数罪之疑适用疑罪从宽。贯彻好疑罪的处理原则有着重要的理论和实践意义。文章还就刑事诉讼各阶段如何具体贯彻疑罪的处理原则提出了建设性的意见。     

Effects of victims' characteristics on attitudes toward hate crimes

Hate crimes are motivated by perpetrators' prejudice toward targets' group. To examine individuals' attitudes toward hate crime perpetrators and targets, participants responded to vignettes of court cases in which the victim's group membership was varied. Results showed that participants recommended more severe sentences for perpetrators when the targets of their crimes were not White males or White females and reported those crimes as more closely fitting the definition of "hate crime." These results show that participants consider penalty enhancements appropriate for hate crimes and that they do not consider crimes against women to be hate crimes, consistent with present hate crime legislation. These results have implications for the utility and support of hate crime legislation but may showcase the resistance to expanding the legislation to protect individuals of other groups, especially women.     

Exploring Itinerant Crime Groups

Starting a decade ago, property crimes by Eastern European crime gangs have gained attention of Belgian law enforcement agencies. Due to the mobile nature of these groups, the term ‘itinerant crime groups’ has been used. The aim of this article is to explore what is incorporated in this term. By analyzing 27 case files, a large degree of variation is revealed. Groups differ in size, organizational structure, offender characteristics, the crimes in which they are involved and the methods they use. Following these features, two main types of itinerant crime groups can be distinguished, each with their own diversity. As such, the observed heterogeneity is larger than we might suspect by looking at the policy definition of the phenomenon.     

FEAR OF CRIME IN RESIDENTIAL COMMUNITIES

Three variables were hypothesized to cause a fear of crime and a potential change in behavior. These were: (1) crimes against a person rather than crimes against property; (2) a crime committed in an area frequented rather than a crime occurring in an area one never entered; (3) a recurring crime rather than a crime that occurred once. Two different samples of female subjects (n = 249) were approached at their residences and were asked to read one of a number of fictitious crime stories that the news media supposedly had not reported and to complete two scales measuring: (1) an emotional response to crime and (2) a potential behavioral response to crime. The results indicate that a physical assault produces both more fear and more potential behavioral change than a burglary. A crime that occurs eight times causes people to consider taking precautions in comparison to a crime that occurs once. There is some evidence that a crime in an area one frequents causes more fear than a crime occurring in an area one never enters.     

罪数判断标准研究

作为罪数理论的核心,罪数的判断不只是计算犯罪的单复,更关乎刑法目的的实现。然而现有的罪数标准由于种种缺陷均无法承载一罪、数罪的区分功能。从罪数论在整个刑法体系中的定位来看,其为连接犯罪论与刑罚论的桥梁,因此,犯罪个数的量定必须考虑相关犯罪要素的齐备和刑罚效果的适当,应在法益的基础上,综合行为、犯意等各种要素,并结合刑罚的充分必要性而为认定。     

Penalty Enhancement for Hate Crimes: An Economic Analysis

This article develops an economic analysis of penalty enhancementsfor bias-motivated (or "hate") crimes. Our model allows potentialoffenders' benefits from a crime to depend on the victim's groupidentity, and assumes that potential victims have the opportunityto undertake socially costly victimization avoidance activities.We derive the result that a pattern of crimes disproportionatelytargeting an identifiable group leads to greater social harm(even when the harm to an individual victim from a bias-motivatedcrime is identical to that from an equivalent non–hatecrime). In addition, we consider a number of other issues relatedto hate crime laws.     

论对抗式起诉、庭审制度下侦查模式的改革

本文构建的对抗式侦查模式,是以国家侦查部门为控方、犯罪嫌疑人及其辩护律师为辩护方,二者分别为底角,检察机关为顶角的三角制约的动态平衡侦查系统。控方的罪案调查活动受到检察机关的法律监督和辩护方的约束、抗衡。这两种监督、制约力量的合力能够最大限度地减少侦查违法、非法取证现象的发生,既体现侦查、揭露、证实、打击犯罪的“钢性法制”,又体现尊重、保障包括犯罪嫌疑人在内的每一位公民权利、尊严的“柔情法制”。     

Quantitative assessment of evidential weight for a fingerprint comparison. Part II: a generalisation to take account of the general pattern

The authors have proposed a quantitative method for assessing weight of evidence in the case where a fingermark from a crime scene is compared with a set of control prints from the ten fingers of a suspect. The approach is based on the notion of calculating a Likelihood Ratio (LR) that addresses a pair of propositions relating to the individual who left the crime mark. The current method considers only information extracted from minutiae, such as location, direction and type. It does not consider other information usually taken into account by fingerprint examiners, such as the general pattern of the ridge flow on the mark and the control prints. In this paper, we propose an improvement to our model that allows a fingerprint examiner to take advantage of pattern information when assessing the evidential weight to be assigned to a fingerprint comparison. We present an extension of the formal analysis proposed earlier and we illustrate our approach with an example.     

Crimes by Visitors Versus Crimes by Residents: The Influence of Visitor Inflows

Objectives

To disaggregate the crime impact of visitor inflows. There is increasing evidence that visitors can make a major contribution to levels of crime in a given neighbourhood: crimes by visiting offenders may add to those committed by local offenders, while visitors (and their property) may provide local offenders with additional opportunities for crime.

Methods

Using police-recorded crime data for a large Eastern Canadian city we determined whether individuals charged or chargeable for property and violent crimes were visitors or residents of census tracts (CT) where crimes had been committed. This information was combined with data from a large transportation survey, allowing us to estimate daily population flows into each CT for four purposes (work, shopping, recreation, and education). Negative binomial regression models including spatial lags were used.

Results

An increase in visitor inflow not only increases the number of visitors charged with crimes but also the number of local residents charged. These effects vary significantly by visit purpose: more infractions are committed in tracts where visits are for recreation and, to a lesser extent, for shopping. Findings for work and education are mixed.

Conclusions

One important implication of our results is that, because most studies of aggregate crime counts or rates fail to account for whether crimes have been committed by visitors or residents, previous research may have provided hasty, partial, or even erroneous explanations for crime concentrations.

     

Stereotypical Hate Crimes and Criminal Justice Processing: A Multi-Dataset Comparison of Bias Crime Arrest Patterns by Offender and Victim Race

Many hate crimes are not reported and even fewer hate crimes result in an arrest. This study investigates patterns of victim reporting and arrest for hate crimes in two parts. First, using data from the National Crime Victimization Survey, we find that, controlling for offense severity, hate crimes are less likely than non-bias crimes to be reported to the police and that the police are less likely to take further action for hate crimes, compared to non-hate crimes. Second, we use data from the Pennsylvania Human Relations Commission and the National Incident-Based Reporting System to compare differences between types of hate crimes in the likelihood of crime clearance. We find that those hate crimes most likely to result in arrest are those that fit the profile of a “stereotypical” hate crime: violent incidents, incidents committed by hate groups, and incidents involving white offenders and black victims.     

The DNA field experiment: a randomized trial of the cost-effectiveness of using DNA to solve property crimes

We report the results of a prospective, randomized study of the impact and cost-effectiveness of DNA evidence in investigating property crimes, mainly residential burglary. Biological evidence was collected at up to 500 crime scenes in five U.S. cities between 2005 and 2007, and cases were randomly assigned to the treatment and control groups in equal numbers. DNA processing was added to traditional investigation in the treatment group. A suspect was identified in 31% of treatment cases and 13% of control cases. A suspect was arrested in 22% of treatment cases and 10% of control cases. Across the five sites, each additional arrest—an arrest that would not have occurred without DNA processing—cost slightly more than US14,000. In the most cost-effective sites, an additional arrest cost less than US14,000. In the most cost-effective sites, an additional arrest cost less than US4,000. Expanding the use of DNA as an investigative tool has profound implications. Since DNA-led investigations are more costly than business-as-usual, substantial investments will be required to expand the capacity of crime laboratories, police, and prosecutors to use this investigative tool efficiently. In time, such a change may also impact the types of crimes of cases processed in the criminal justice system.     

Entrapped on the Web? Applying the Entrapment Defense to Cases Involving Online Sting Operations

Many law enforcement agencies are currently responding to the problem of online crime by establishing proactive investigative units that track criminals on the Internet. Not only do these specialized teams face problems in the area of emerging technology, they are also faced with handling emerging legal issues. The current research examined the issue of the entrapment defense, and how previously established physical realm doctrine could be applied to the investigation of online crimes such as child pornography. Relying on previous case law it would appear that entrapment claims related to online sting operations involve consideration of: a) did the law enforcement officer continuously contact the suspect with the intention of trying to convince the individual to engage in a particular type of behavior, b) how long was the relationship between the undercover officer and the suspect, and c) how much, if any, reluctance to commit the criminal act did the suspect provide evidence of?     

Quantitative assessment of evidential weight for a fingerprint comparison I. Generalisation to the comparison of a mark with set of ten prints from a suspect

The authors have published elsewhere a quantitative method for assessing weight of evidence in the case where a finger mark from a crime scene is compared with a control print taken from a single finger of a suspect. The approach is based on the notion of calculating a likelihood ratio (LR) that addresses a pair of propositions relating to the single finger that was the origin of the crime mark. In practice, things are rather different because the crime mark will not just be compared with a single finger from a suspect but with a set of prints from all of his/her fingers; likewise, when the mark is compared with a database, this will consist of ten print records from random individuals. It is clear that "finger propositions" are not realistic in this situation and we show how our approach may be generalised to address a pair of propositions that relate to the person that made the crime mark. It often is the case that information is present at the crime scene that enables some inference to be drawn relating to which of the offender's ten fingers left a particular mark of interest. This kind of inference may profitably be drawn into the formal analysis. We illustrate our approach with an example.     

战争罪的国内立法研究

战争罪是在战争或者武装冲突中发生的违反战争法规、严重侵犯人权的罪行。战争罪主要是国际法上的罪行,但国内法院也承担着追究战争罪罪犯刑事责任的重要任务。将我国缔结的国际公约里规定的战争罪转化为国内刑法上的犯罪,是我国作为缔约国应当履行的条约义务。但我国《刑法》只有第446条和第448条规定的两个犯罪才基本符合国际法对于战争罪的定义。我国《刑法》应当专章设立“危害人类和平与安全罪”,使其包括战争罪等核心罪行,这样可以更好地维护我国的刑事管辖权,有效地避免我国公民受到国际刑事法庭的审判,以便享受《国际刑事法院规约》补充管辖原则提供的益处。     

Police Perceptions of Computer Crimes in Two Southeastern Cities: An Examination from the Viewpoint of Patrol Officers

Although scholars and law enforcement administrators have provided input on how local law enforcement is responding to various forms of computer crime and how officers perceive of it, patrol officers have been rarely surveyed to understand their perceptions of computer crime. Examining officer perceptions is vital considering that patrol officers are being asked to be more effective first responders to digital forensic crime scenes as a critical step in combating computer crimes at the local level. This study therefore addressed this gap by surveying patrol officers in two southeastern cities regarding their perceptions of computer crime, specifically regarding its uniqueness, offenders and targets, and seriousness and frequency in comparison to traditional forms of crime. Results indicated that many officers do not have strong opinions on several aspects of computer crime. However, they perceive it to be a serious problem and consider some computer crimes to be as serious as traditional forms of crime.     

犯罪剖绘：科学还是艺术？

犯罪剖绘（criminal profiling）为分析（连续）犯罪行为型态的技术,藉由统计技术分析潜在犯罪者、被害者与犯罪现场迹证等三者之间相互联结可能性。然犯罪剖绘技术应用至＂案件连结分析＂,可根据犯罪现场所遗留迹证（含心理迹证）,预测/推论犯罪者之人口背景特征,并将这些案件之犯罪现场迹证系统化处理,建构成数据库,有助警察侦办连续型犯罪。经由案件连结分析所得证据,能否成为法庭上论罪之依据,在英美国家必须通过＂Frye法则＂与＂Daubert测试法则＂检验,即是否已经通过科学性检验,或同一学术领域同侪认可验证过程。因此,后续研究可朝更精确统计分析方法迈进,以提升案件连结分析数据库对于预测未发现犯罪者之准确率及其法庭证据力。     

ARE UNIFORM CRIME REPORTS A VALID INDICATOR OF THE INDEX CRIMES? AN AFFIRMATIVE ANSWER WITH MINOR QUALIFICATIONS*

For more than two decades, the validity and reliability of official statistics on crime have been treated as highly questionable. Recently a number of studies have investigated the construction of official statistics on crime and issues related to their reliability and validity. However, there has been no recent attempt to bring together and evaluate these studies; thus, we do not know what official statistics mean and how we should interpret them. In the present paper it is argued that it is now possible to develop an understanding of what official statistics measure. It appears that both citizens and the police are in general agreement about what a serious crime is: it involves bodily injury (or serious threat of bodily injury), the property stolen is of high value, the act is committed by a stranger, or it involves breaking and entering. The authors argue that the perceived seriousness of the crime, first and primarily as defined by the victim, second as determined by the police, apparently accounts for most of the variance in whether a crime is reported and officially recorded; personal characteristics of the offender and victim have only minor effects. It is concluded that the Uniform Crime Reports (UCR), as measured by the FBI Index of Crime, are valid indicators of serious crimes as defined by the citizenry. The evidence supporting this conclusion is very substantial with regard to motor vehicle theft, robbery, burglary, and homicide, while with larceny, rape, and aggravated assault, the evidence supporting this conclusion is substantial but does require the interpretation of conflicting evidence.     

Cycles in Crime and Economy: Leading, Lagging and Coincident Behaviors

In the last decades, the interest in the relationship between crime and business cycle has widely increased. It is a diffused opinion that a causal relationship goes from economic variables to criminal activities, but this causal effect is observed only for some typology of crimes, such as property crimes. In this work we examine the possibility of the existence of some common factors (interpreted as cyclical components) driving the dynamics of Gross Domestic Product and a large set of criminal types by using the nonparametric version of the dynamic factor model. A first aim of this exercise is to detect some comovements between the business cycle and the cyclical component of some typologies of crime, which could evidence some relationships between these variables; a second purpose is to select which crime types are related to the business cycle and if they are leading, coincident or lagging. Italy is the case study for the time span 1991:1–2004:12; the crime typologies are constituted by the 22 official categories classified by the Italian National Statistical Institute. The study finds that most of the crime types show a counter-cyclical behavior with respect to the overall economic performance, and only a few of them have an evident relationship with the business cycle. Furthermore, some crime offenses, such as bankruptcy, embezzlement and fraudulent insolvency, seem to anticipate the business cycle, in line with recent global events.     

Do Schools Cause Crime in Neighborhoods? Evidence from the Opening of Schools in Philadelphia

Objectives

To assess the impact of schools on crime in neighborhoods.

Methods

We utilize data of charter and public schools in Philadelphia to estimate the effect of school openings on neighborhood crime patterns between 1998 and 2010. We estimate the change in crime in areas surrounding schools before and after their opening compared to areas where schools were always open with Poisson regression models. We also estimate changes in crime in census tracts as schools are added compared to census tracts that never had schools. Finally, we compare estimates from Poisson regression models to those derived from permutation tests where schools are randomly assigned different opening dates.

Results

We find no evidence that school openings increase crime relative to locations where schools were always open or never had schools. The models generally produce null effects, though there is some evidence for a reduction in property crimes for public school openings and a reduction in violent crimes for charter school openings within certain distances. Estimates at the census tract level show that changes in the number of schools are not associated with any changes in crime relative to tracts with no schools.

Conclusions

Contrary to a large theoretical and empirical literature, the results suggest that school locations play a minimal role in neighborhood crime production in Philadelphia. Future research should investigate specific contexts and mechanisms, such as land-use characteristics and travel patterns to schools, which may interact with specific school settings in ways that are related to crime production.