知识产权犯罪侦查协作及其机制优化

知识产权犯罪在空间、时间等方面的行为特征,以及其侦查的特点,决定了开展侦查协作的必要性。我国目前的侦查协作体制下,知识产权犯罪侦查协作实践中存在诸如协作原则有欠缺、协作主体体系不科学、法治化程度低、协作手段单一等弊端。应当立足我国现行侦查协作体制的现状,对知识产权犯罪协作机制的进行优化:合理化重构知识产权犯罪的侦查协作认知、加强协作程序法治化、规范协作内容以及明确协作责任机制。     

Cross-national investigation and prosecution of intellectual property crimes: the example of “Operation Buccaneer”

“Operation Buccaneer” was the name given to a law enforcement operation against “DrinkOrDie,” a highly organised but globally dispersed Internet-based software piracy group. The concerted enforcement action, led by the US Customs Service and Department of Justice, extended to several European countries and Australia. This paper contrasts the legal consequences that flowed, with numerous suspects pleading guilty in the United States, some contested prosecutions in the United Kingdom, and a sole Australian suspect facing extradition to the United States to face charges. Operation Buccaneer illustrates the cross-national reach of both Internet-based intellectual property crime and the law enforcement response, as well as some of the complexities that arise in applying jurisdictional concepts such as the “double criminality” requirement for extradition in this evolving prosecutorial landscape.     

Rethinking the war against hate crimes: A New York city perspective

Francis Allen, The Borderland of Criminal Justice: Essays in Law and Criminology Chicago: The University of Chicago Press, 1964

Francis Allen, The Crimes of Politics: Political Dimensions of Criminal Justice Cambridge: Harvard University Press, 1974

Francis Allen, Law, Intellect, and Education Ann Arbor: University of Michigan Press, 1979

Francis Allen, The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose New Haven: Yale University Press, 1981     

上海市外国人犯罪案件情况分析与对策

近年来,本市外国人犯罪案件时有出现。本文对本市外国人犯罪的基本情况进行了初步分析,归纳总结出外国人犯罪的若干特点,并提出了打击与防范的对策。     

Hate crimes in India

Jindal Global Law Review -     

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.     

MMPI profiles of males accused of severe crimes: a cluster analysis

Abstract

In studies attempting to classify criminal offenders by cluster analysis of Minnesota Multiphasic Personality Inventory-2 (MMPI-2) data, the number of clusters found varied between 10 (the Megargee System) and two (one cluster indicating no psychopathology and one exhibiting serious psychopathology). The latter results raise doubts about the suitability of the MMPI-2 for classification in forensic settings. The present study aimed at deriving an empirical classification system using cluster analysis of 247 MMPI-2 profiles of pretrial criminal defendants in a forensic psychiatric observation clinic. Results indicated only a ‘non-disturbed’ and a ‘disturbed’ profile, differing on general elevation of MMPI-2 profiles but displaying no qualitatively distinct profiles. The clusters differed on age at admission and first conviction, indicating a late onset of criminal activity for disturbed offenders. Also, the clusters differed significantly on Axis I diagnosis and borderline significantly on Axis II diagnosis. The absence of distinct personality profiles between the clusters suggests restricted usefulness of the MMPI-2 in a forensic context of diverse and severe psychopathology and serious crimes. Either the investigated population is in fact extremely homogeneous, truly comprising only two kinds of offenders, or the types of offenders in these populations are not effectively distinguished by the MMPI-2.     

A longitudinal analysis of factors associated with reporting violent crimes to the police

The use of generalized estimating equations and time-series methods for fitting longitudinal models in the National Crime Victimization Survey (NCVS) is discussed, with reference to the relation between the reporting of a violent crime to the police and previous victimizations. Two longitudinal models are fit to NCVS data to predict the likelihood of reporting a violent crime to the police based on characteristics of the victim and the incident and based on previous victimization experiences. In both models, it is found that higher reporting rates are associated with positive results accruing from reporting previous victimization to the police.     

Student perceptions of hate crimes

Estimates indicate hate crimes are a growing concern in the United States. This paper addresses how criminal justice students perceive victims of hate crimes. Survey findings show subjects are less likely to define certain groups of people as victims of hate crimes. Suggestions are made as to how criminal justice departments can heighten awareness of hate crime victims, multiculturalism, and gender diversity among criminal justice students.     

Smallest-space analysis vs. the method of principal components: Another look at Ahamad's analysis of crimes

This paper presents a reanalysis of the Ahamad case study of 18 types of offenses. The suggested method is a nonmetric multidimensional scaling type called smallest-space analysis (SSA-I) which uncovers findings that were not expressed explicitly by the principal-components method used by Ahamad.     

Intimate Partner Violence against Women in Turkey: A Synthesis of the Literature

Violence against women is a serious abuse of human rights and an important public health problem that concerns all sectors of society worldwide. The objective of this study was to critically review and synthesize original research published between 2000 and 2010 focused on examining intimate partner violence (IPV) against women in Turkey. Several research databases were searched for journal articles published in English or Turkish and a total of 21 studies were identified for inclusion and further analysis. The present literature review revealed the ratio of IPV in Turkey reported by different studies ranged from 13 to 78 %. Results of this review emphasize that violence against women is an important issue in Turkey. Gathering data on the prevalence of IPV can serve to raise awareness on violence and provide baseline information for developing more effective preventive policies and programs.     

Evaluation of competency to stand trial in defendants who do not want to be defended against the crimes charged

Implicit but significant assumptions made in the criminal justice system include beliefs that criminals do not commit crimes to be tried and convicted and that, once arrested, defendants' primary motives are to avoid or minimize the legal consequences of the charges they face. When those assumptions are not correct, clinicians and legal decision makers are faced with difficult tasks. The authors present three cases of defendants who were not primarily concerned with defending themselves against the charges they faced, but rather with using the criminal justice procedures to further personal goals, and discuss the problems involved for forensic evaluators and courts.     

Medicosocial aspects of sexual abuse crimes in Arkhangel'sk

The criminological and victim sides of sexual abuse crimes in Archangelsk are analyzed and the data are compared with the data for Russia and for St. Petersburg. Seasonal patterns of rapes and violations and the most vulnerable age of victims have been determined. Flaws in the resolutions on expert evaluations in cases with social abuse are analyzed.     

犯罪未遂若干问题研究

本文首先对不作为犯、行为犯、间接故意犯、教唆犯等几种犯罪形式的未遂问题进行探讨,分析其存在的可能性及可罚性,提出了独到的见解。在对不能犯与一般未遂犯的区分做深入研究的基础上,主张我国刑法中应规定对不能犯应当减轻或免除处罚。作者还主张,我国刑法对犯罪未遂应采取总则概括规定与分则具体规定相结合的立法模式。     

Characteristics of false allegation adult crimes

The purpose of this study was to identify common factors in false allegation adult crimes, by examining the dynamics involved in 30 confirmed false allegation cases. The authors conducted a comprehensive review of these adjudicated cases and then completed a collection instrument to capture offender demographics, offense characteristics, and motive. The results indicated that most false allegation crimes were committed by women (73.3%) and Caucasians (93.3%). Data indicated that more interpersonally violent allegations were primarily motivated by attention/sympathy needs (50.0%), whereas more impersonal offenses involved other motivations such as providing an alibi (16.7%) or profit (13.3%). Offenders tended to be younger, high school graduates with no higher education (43.3%). A total of 23.3% of offenders had a prior criminal history. Male offenders appeared as likely as women to be motivated by attention/sympathy; however, men tended to select more violent, nonsexual offenses (e.g., attempted murder) than women.