The role of victim characteristics in the disposition of murder cases

Using data from prosecutors' files in a sample of 33 U.S. counties, we examine how victims' conduct and victims' demographic characteristics affect the disposition of murder cases at various stages of the criminal justice process. We find that victims' age and past conduct do not significantly influence legal outcomes in murder cases, but their race, gender, and conduct at the time of the incident do so. Although these effects vary across the criminal justice decision-making stages considered, they generally are consistent with the claim that killings of disreputable or stigmatized victims tend to be treated more leniently. We also find some evidence that the effects of victim characteristics are stronger in jury proceedings than in bench proceedings, and that the influence of a victim's race on the disposition of murder cases is conditioned by the racial composition of the county in which the case is processed.     

Organized crime and the theft of Iraqi antiquities

Amid the chaos following the downfall of Saddam Hussein, thousands of treasured artifacts from Iraq’s museums and ruins disappeared. Many were trafficked out of the country and into auction houses in the West. This occurrence highlights the often-overlooked role of organized criminal networks in the collection, smuggling, and sale of illicit antiquities. By taking advantage of the breakdown in social order that surrounded the U.S.-led invasion in {dy2003}, criminals were able to profit from Iraq’s heritage and deprive its people of their past. This report examines the looting of Iraqi museums and archaeological during the fighting of 2003. Details of the antiquities theft that accompanied the chaotic aftermath of that conflict are investigated for signs of infiltration by organized criminal actors. In addition, the role of organized crime in the international trade in illicit antiquities is examined to shed further light on this obscure aspect of international criminal activity. Finally, the international response is evaluated to determine its effectiveness in combating both the theft of Iraq’s archaeological treasures and the increasing power of criminal actors in the country.     

Exploring the psychological and somatic impact of identity theft

Identity theft is a new and growing form of white-collar crime. This exploratory study examined the psychological and somatic impact of identity theft and coping methods utilized by victims. Thirty-seven victims of identity theft participated in regional victim focus groups. Participants completed a victim impact questionnaire designed by the authors and the Brief Symptom Inventory-18 (BSI-18). The majority of participants expressed an increase in maladaptive psychological and somatic symptoms post victimization. Results on the BSI indicated that identity theft victims with unresolved cases, in contrast to those with resolved cases, were more likely to have clinically elevated scores when compared with a normative sample. Relatively similar coping mechanisms were utilized across victims. The results from this study suggest that victims of identity theft do have increased psychological and physical distress, and for those whose cases remain unresolved, distress is maintained over time.     

Ancillary consequences of employee theft

The majority of research on employee theft considered the characteristics and predictors of workplace misconduct. When consequences were considered, research centered on the economic losses arising out of workplace offending. This article addresses the ancillary consequences of employee theft. Interviews were conducted with 457 business owners, managers, supervisors, and other employees to assess their experiences with employee theft. By fully understanding the costs, businesses can be prepared to carry out strategies that would offset many of the negative consequences resulting from workplace misconduct.     

Automobile theft: Estimating the size of the criminal population

Animal abundance estimation procedures including a new method of Zelterman are applied in the criminological context of auto theft in the Australian Capital Territory. Using goodness-of-fit statistics and comparing the estimates with known clearance rates, it is estimated that during 1987 about 39% of offenders were charged with at least one count of auto theft. The results also indicate the extent of overrepresentation of juveniles in court statistics compared with their relative participation rate in auto theft.     

From the economy of deficit to the black-market: car theft and trafficking in Bulgaria

Official and victimisation data show that despite falling rates for motor vehicle thefts, much of the EU ‘organized crime’ related thefts have remained almost stable. Nevertheless, the car-theft market in the EU has changed, and so has the role of traditional destinations for stolen vehicles, such as Eastern Europe. The paper examines the demand, supply, and regulation factors that shape the structures of the vehicle theft market in Bulgaria, and smuggling patterns and offender behaviour in source countries, in particular Spain. We argue that such nuanced historical approach that takes into account a wider range of factors in destination countries can help explain the recent transformations in Europe’s vehicle-theft markets.

Mistaken identity,identity theft and problems of remote authentication in e-commerce

The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity and exposes flaws in popular legal arguments on the subject. Problems of mistaken identity must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence of identity theft and the greater difficulty of authenticating the other transacting party. The trend to preserve the privacy of Internet users indirectly clashes with efforts to ensure transactional security in e-commerce. An indispensable prerequisite of the latter is the ability to identify the other party to the contract. The problem of mistaken identity is not new – but it assumes a different scale in e-commerce transactions.     

Impact of identity theft on methods of identification

Responsibility for confirming a decedent's identity commonly falls on the shoulders of the coroner or medical examiner. Misidentification of bodies results in emotional turmoil for the next-of-kin and can negatively impact the coroner's or medical examiner's career. To avoid such mishaps, the use of scientific methods to establish a positive identification is advocated. The use of scientific methods of identification may not be reliable in cases where the decedent had assumed the identity of another person. Case studies of erroneously identified bodies due to identity theft from the state medical examiner offices in Iowa and New Mexico are presented. This article discusses the scope and major concepts of identity theft and how identity theft prevents the guarantee of a positive identification.     

中国行政执法困境的个案解读

Due to lack of effective, and adequate communication on the standpoint of the government and the attitudes of civil society in legislative process, this has led to tension between the government and the general public. Within the context of law enforcement, the government sticks to “problem-based strategies” and “campaign-based enforcement”, who believe in the power of coercive force. As a way out of the dilemma in law enforcement, it is required that in the process of rule-making, the government should communicate effectively with the civil society in the institutionalized system, focusing on learning, reflection, and strategic adjustment. Wang Xixin, Professor at Law School of Peking University. Since 1999, Prof. Wang is a working member of China Administrative Legislative Research Group an academic team advising China’s Legal Affairs Working Commission on administrative law reforms. Since 2001, he is a major drafter for China’s Administrative Procedure Act. Since 2002, he is a research consultant for the NPC Standing Committee General Office. Since 2003, he is a research fellow of the China Law Center of Yale Law School. Since 2005, he is a Vice-chairman of Beijing Administrative Law Society. In academia, Prof. Wang is focused on administrative procedure, public participation, rulemaking and comparative administrative studies, whose publications include books, such as “Administrative Procedure: A Theoretic and Institutional Inquiry” (Beijing, 2007) and “Public Participation and Administrative Process” (Beijing, 2007) and some 30 articles for journals published in China and America. Moreover, Prof. Wang often submits papers and gives lectures in academic forums, including Columbia Law School, Yale Law School, the Woodrow Wilson Center for Int’l Scholarship, and Carnige Endowment for Int’l Peace.     

Workplace theft: An analysis of student-employee offenders and job attributes

This paper identifies characteristics and behaviors of college students who steal from their places of employment. As such, the present study focuses on the job-related lifestyle behaviors and characteristics of students that influence their opportunities and likelihood of stealing from their place of employment. The data come from self-administered surveys conducted with 1,531 college students in the fall of 1996. Results reveal job characteristics that increase opportunity and past criminal behavior are the most influential predictors of individuals who engage in workplace theft. Policy implications are discussed.     

Postmortem disposition of morphine in rats

The antemortem and postmortem distribution of morphine was studied in rats for the purpose of establishing whether drug distribution is altered after death. Samples were examined for free and total morphine concentration, pH and water content at 0-96 h after death. Morphine was administered antemortem at various intervals. All groups of rats studied showed a significant (P less than 0.05) increase in postmortem cardiac blood morphine concentrations. These changes, which are detectable within 5 min after death are likely to be related to an observed, rapid decrease in cardiac blood pH from 7.34 +/- 0.02 to 6.74 +/- 0.05. Significant increases in free morphine levels were, also, observed 24 and 96 h after death in liver, heart and forebrain while urine morphine levels decreased. The liver showed the greatest increase (20-fold) in free morphine levels 96 h after death, while hindbrain levels did not significantly change. Bacterial hydrolysis of morphine glucuronides accounted only in part for the observed increase in free morphine concentration. Postmortem fluid movement and pH-dependent drug partitioning was detected. It would appear that several mechanisms are responsible for postmortem drug distribution. Understanding the mechanisms and patterns responsible may eventually lead to better choices of postmortem tissue which may better represent antemortem drug levels.     

无权处分行为的内涵及效力研究

在中国债权形式主义的物权变动立法模式下,无权处分行为包括订立无权处分合同的法律行为和履行该合同的事实行为。无权处分合同有效论,符合中国法律规定和现实生活的需要,也不会损害原权利人的利益.     

论外国人群体性事件的处置

外国人群体性事件是指参与主体(或参与主体中比例较高)为外国人的群体性事件。可以将外国人群体性事件概括为维权型、政治背景型和突发事件型等三种类型。外国人群体性事件的发生既关系到国家安全和社会稳定,也关系到国际影响和国际关系。每个国家对境内的外国人群体性事件所选择的处置模式,都源于这个国家的政府对该类事件的认识和态度。因此,我们在处置外国人群体性事件时,应当以国家主权原则为基础,遵守国际法,并照顾国际关系和国际影响,应对外国人群体性事件进行分类管理,建立健全科学的处置程序,并提升基层执法人员相关的政治和业务素质。