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1.
Identity fraud as a term and concept in its formative stages was often presumed to be identity theft and visa versa. However, identity theft is caused by the identities (or tokens) of individuals or organisations being stolen is an enabling precursor to identity fraud. The boundaries of identity fraud and identity theft are now better defined. The absence of specific identity crime legislation could be a cause of perpetrators not classified as breaching identity crimes but under other specific entrenched law such as benefit fraud, or credit card fraud. This metrics overlap can cause bias in crime management information systems. This study uses a multi-method approach where data was collected in both a quantitative and qualitative manner. These approaches are used as a lens for defining different classes of online identity crimes in a crime management (IS) security context. In doing so, we contribute to a deeper understanding of identity crime by specifically examining its hierarchical classes and definitions; to aid clearer structure in crime management IS. We seek to answer the questions: should current law around identity fraud continue to be reinforced and measures introduced to prevent identity crime; should laws be amended; or should new identity crime laws be constructed? We conclude and recommend a solution incorporating elements of all three.  相似文献   

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3.
陈健 《法律科学》2011,(6):129-136
随着信息手段的多样化、客户使用电子支付方式的规模化,客户身份被窃取的事件也屡屡不断地发生。在电子商务过程中获得客户身份的企业,如何正当使用身份信息,在我国急待立法加以调整。我们应借鉴美国信用报告制度,加强我国客户身份信息保护。  相似文献   

4.
This paper reports on a new methodology to estimate the “cost of crime.” It is adapted from the contingent valuation method used in the environmental economics literature and is itself used to estimate the public's willingness to pay for crime control programs. In a nationally representative sample of 1,300 U.S. residents, we found that the typical household would be willing to pay between $100 and $150 per year for programs that reduced specific crimes by 10 percent in their communities. This willingness amounts, collectively, to approximately $25,000 per burglary, $70,000 per serious assault, $232,000 per armed  相似文献   

5.
Programs that prevent crime cost money. In order to efficiently allocate these limited funds, we need to know how much people benefit from crime prevention. While there are some comprehensive estimates of the cost of (or benefits of avoiding) crime to victims and to society at large, we have very limited crime-specific information on the legal system resources that would be freed up for other purposes across states. Using a Monte Carlo simulation approach to take into account uncertainty in the data, this study finds the national average costs to taxpayers for judicial/legal services per reported crime are likely around the following (in 2010 dollars): $22,000–$44,000 (homicide), $2000–$5000 (rape and sexual assault), $600–$1300 (robbery), $800–$2100 (aggravated assault), $200–$600 (burglary), $300–$600 (larceny/theft), and $200–$400 (motor vehicle theft). At a state-level, the costs of crime are 50 % to 70 % more or less than these national averages depending on the crime type and state. These estimates can be used to understand the level of resources spent per crime and the potential legal resources freed up for a change in reported crime rates; they are not a measure of waste or efficiency, but it is hoped this study contributes to this debate.  相似文献   

6.
《Global Crime》2013,14(3):221-240
The purpose of this paper is to estimate the current cost of protection rackets in Sicily. By means of a database constructed on judicial evidence, it has been possible to come up with an estimate of the average and total costs of the protection-money system, as well as finding out in which sectors of economic activity and in which provinces is most pervasive. The average monthly payment is approximately 600 euros per business, with stronger effects in those areas with a relatively more traditional economic structure. As a whole, in monetary terms, the protection racket in Sicily accounts for over 1.4% of gross regional product. Finally, the paper supports the hypothesis that in most cases, the pervasive presence of the mafia represents a considerable constraint on business growth.  相似文献   

7.
The advent of the information age has created new challenges to the ability of individuals to protect the privacy and security of their personal information. One such challenge is that of identity theft, which has imposed countless hardships upon its victims. Perpetrators of this fraud use the identities of others to steal money, obtain loans, and generally violate the law. The Identity Theft and Assumption Deterrence Act of 1998 makes the theft of personal information with the intent to commit an unlawful act a federal crime in the United States with penalties of up to 15 years imprisonment and a maximum fine of $250,000. The Act designates the Federal Trade Commission to serve as an advocate for victims of identity fraud. This article first examines the problem of identity fraud and the inadequacy of existing remedies, and then assesses the need for and likely impact of the Act, as well as issues relating to the effectiveness of its future enforcement.  相似文献   

8.
Part of the ongoing debate between Cantor and Land and Greenberg centers on differing opinions about the question of interest in Cantor and Land (1985). We begin this article with our opinion that Cantor and Land's theory relates changes in the business cycle to changes in the aggregate rate of crime. We then question whether year-to-year changes adequately reflect changes in the business cycle, which last on average 4 years, and we refer to an article by Cook and Zarkin (1985) which presents an alternative method of measuring business cycle changes. We also discuss how Greenberg's use of cointegration provides an alternative way of addressing the difficult statistical problem of nonstationarity without resorting to first differences. Our final contribution involves noticing that opportunity and motivational theories of crime can be structurally identified by focusing on different types of crime rather than temporal lags. We demonstrate this idea by splitting car theft into joyriding and theft for profit. We show that joyriding appears to be driven by opportunity, while the causal structure of theft for profit is less clear.  相似文献   

9.
Despite the widespread attention given to identity theft, there is much confusion on how best to define and measure it. Recent attempts to measure its extent through victimization surveys or law enforcement files have varied considerably in the types of crimes included as identity theft. Some studies include credit card fraud, while others exclude it. This inconsistency in data collection has made it difficult to assess properly the extent of the crime. The current study uses data from the National Public Survey on White Collar Crime to determine the degree to which including credit card fraud as a type of identity theft affects victim profiles encompassing demographic characteristics, risky activities, and reporting decisions. Specifically, we compare victim profiles for victims of existing credit card fraud, new credit card fraud, and existing bank account fraud. Findings from our exploratory study suggest that including existing credit card fraud may obscure the fact that those who are female, black, young, and low income are disproportionately victimized by existing bank account fraud, which is the type of identity theft most financially damaging and most difficult to clear up for individuals.  相似文献   

10.
The low self-control/risky lifestyles perspective posits that people deficient in self-control engage in certain risky behaviors that increase their exposure to motivated offenders in the absence of capable guardianship, which in turn elevates their risk of victimization. Using survey data from telephone interviews conducted in Florida and Arizona with individuals aged 60 and over, the current study tests whether this theoretical framework partially explains risky remote purchasing and identity theft victimization among older Internet users. Results from the two-stage probit models conform to expectations: Individuals with lower levels of self-control have a significantly higher probability of making a purchase after receiving an unsolicited email from a vendor with whom they have not previously done business. What is more, making a risky remote purchase significantly increases the probability of identity theft victimization. The findings not only speak to the generality of the low self-control/risky lifestyles perspective, but also indicate that older Internet users can reduce their victimization risk by taking specific precautions.  相似文献   

11.
We are the middle of a global identity crisis. New notions of identity are made possible in the online world where people eagerly share their personal data and leave ‘digital footprints’. Multiple, partial identities emerge distributed across cyberspace divorced from the physical person. The representation of personal characteristics in data sets, together with developing technologies and systems for identity management, in turn change how we are identified. Trustworthy means of electronic identification is now a key issue for business, governments and individuals in the fight against online identity crime. Yet, along with the increasing economic value of digital identity, there are also risks of identity misuse by organisations that mine large data sets for commercial purposes and in some cases by governments. Data proliferation and the non-transparency of processing practices make it impossible for the individual to track and police their use. Potential risks encompass not only threats to our privacy, but also knowledge-engineering that can falsify digital profiles attributed to us with harmful consequences. This panel session will address some of the big challenges around identity in the digital age and what they mean for policy and law (its regulation and protection). Questions for discussion include: What does identity mean today? What types of legal solutions are fit for purpose to protect modern identity interests? What rights, obligations and responsibilities should be associated with our digital identities? Should identity management be regulated and who should be held liable and for what? What should be the role of private and public sectors in identity assurance schemes? What are the global drivers of identity policies? How can due process be ensured where automated technologies affect the rights and concerns of citizens? How can individuals be more empowered to control their identity data and give informed consent to its use? How are biometrics and location-tracking devices used in body surveillance changing the identity landscape?  相似文献   

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Research Summary Data for this study were collected in semistructured interviews with 59 individuals serving time in federal prisons for identity theft. We explore how offenders' experiences and life circumstances affected their subjective assessments of risks and rewards and thus facilitated the decision to engage in identity theft. Our findings suggest that offenders perceive identity theft as an easy, rewarding, and relatively risk‐free way to fund their chosen lifestyles. Policy Implications The findings suggest that several situational crime‐prevention measures may be effective at curbing identity theft. Crime‐prevention programs that are geared toward removing excuses and advertising consequences may be effective in deterring potential offenders. We also recommend that rehabilitation programs for convicted identity thieves be cognitive‐based interventions aimed at changing the way offenders think about their crimes.  相似文献   

14.
The current study investigated the effects of change blindness and crime severity on eyewitness identification accuracy. This research, involving 717 subjects, examined change blindness during a simulated criminal act and its effects on subjects' accuracy for identifying the perpetrator in a photospread. Subjects who viewed videos designed to induce change blindness were more likely to falsely identify the innocent actor relative to those who viewed control videos. Crime severity did not influence detection of change; however, it did have an effect on eyewitness accuracy. Subjects who viewed a more severe crime ($500 theft) made fewer errors in perpetrator identification than those who viewed a less severe crime ($5 theft). This research has theoretical implications for our understanding of change blindness and practical implications for the real‐world problem of faulty eyewitness testimony.  相似文献   

15.
A pronounced drop in crime, since the early 1990s, has encompassed every crime category tracked by the FBI’s Uniform Crime Reports, including property crime. However, over the same period, the rates of online property crime (OPC) have been on the rise according to available evidence. We delineate the extent of our knowledge and data concerning cybercrime and identity theft and, using data from several nationally representative victimization surveys, offer an alternative view of property crime trends while pointing out the glaring gap in crime reporting and accounting in relation to the growing category of property crimes perpetrated online. In addition, we compare estimated costs of traditional property crime vs. OPC. Finally, we identify the main challenges for obtaining reliable data on OPC and discuss their implications, especially when applying the traditional methods of compiling crime statistics.  相似文献   

16.
Characteristics of mentally retarded criminal offenders in Northern Taiwan   总被引:1,自引:0,他引:1  
The characteristics and criminal behavior in mentally retarded individuals remain largely unstudied. This retrospective study sought to establish a set of reference of criminal behavior characteristics in an ethnic Chinese mentally retarded group. Data were collected from forensic psychiatric evaluation of 32 mentally retarded offenders. Of the 32 offenders, only four (12.5%) cases were female. Mean age at the time of the offenses was 31. By IQ testing, 23 (71.9%) of the group fell into the mild mental retardation range, seven (21.9%) into the moderate mental retardation range, and two (6.2%) into the severe mental retardation range. Nineteen (59.3%) of the group also suffered from additional mental disorder. Eight (25%) had definite neurological deficit. Fourteen (43.8%) were repeat offenders. A total of 24 (75%) of the offenders had committed crimes against property, with 13 having committed petty theft. Furthermore, the pattern of offending shows differences from that of the general population or other mental disorders. The property offenses, especially petty theft and arson, were frequently seen. There was no noteworthy above average frequency of sexual offenses.  相似文献   

17.
金融凭证指银行及银行类金融机构依法办理银行业务所使用的结算凭证;伪造、变造的金融凭证除形式要件虚假之外还包括有权制作人或无权制作人违法制作不实内容、形式要件真实的金融凭证。"使用"只指直接兑现金融凭证记载的财产权利,不包括用其质押、展示等间接使用。使用作废金融凭证或只是冒用他人真实有效的金融凭证诈骗不构成金融凭证诈骗罪。采盗窃、抢劫、抢夺等手段获真实有效金融凭证冒用取财以其手段行为定侵犯财产罪。内外勾结利用职务之便使用伪造、变造的金融凭证取财应以主犯人身份构成的罪名定性。  相似文献   

18.
刑法若干条款罪数形态之分析   总被引:2,自引:1,他引:1  
胡云腾  刘树德 《现代法学》2005,27(5):141-147
《刑法》第120条第2款包含牵连犯的情形,实行数罪并罚;第157条的走私罪与妨碍公务罪构成牵连犯,应实行数罪并罚;第171条第3款中伪造货币并出售或者运输的,构成牵连犯,择一重罪从重处罚;伪造货币后使用自己伪造的货币,构成牵连犯,使用假币视为事后不可罚行为;第196条第3款中出于非法占有财物的目的,行窃中得到财物同时意外得到信用卡后使用的,应以盗窃罪和信用卡诈骗罪并罚;第198条第2款属于兼容犯,实行择一重罪从重处罚。  相似文献   

19.
周啸天 《法律科学》2011,(4):102-108
《刑法修正案(八)》中新增了携带凶器盗窃按基本刑档处罚的条款。立法的规范目的在保障人权与保护法益中显然更为注重后者,即在侵害财产之外,因携带凶器盗窃可能对人身权利造成侵害,而将其独立规定为一种盗窃罪的特殊形态,但不能因它对人身造成的侵害危险,而将其认定为危险犯。携带凶器盗窃属于行为犯,依然是对财产的犯罪。应当在行为犯的框架下,判断携带凶器盗窃的未遂形态,并严格界定携带凶器盗窃与携带凶器抢夺的法条关系。  相似文献   

20.
《Global Crime》2013,14(4):287-310
This study estimates that the economic cost of crime in Chile, using the accountancy method, is $1.35 billion as at 2002; that is, this cost is equivalent to 2.06% of Chile's GDP. Crimes included in the estimation are murder, robbery, larceny–theft, burglary, wounding, rape and sexual assaults, domestic violence and economic felonies such as fraud, forgery and so on. Consequential costs are the most important, representing 68% of the total cost of crime. Government spending represents 23% of the total and anticipatory cost account for the remaining 9%. Chile presents higher level of crime than most developed countries—though less than most developing nations—but government's spending on citizen's security is considerably lower than that of the US and several other European countries.  相似文献   

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