Self-reported crime rates of women prisoners

This paper presents findings from the first study of female prisoners' self-reports of criminal activity. Using the criminal career paradigm to frame the analysis, self-reported estimates of crime participation and frequency rates were examined for eight felony crimes. Important similarities between women and men were found in overall patterns of crime. Specifically, a small proportion ofboth women and men described committing a large portion of the total crimes reported. These data also suggest that women and men are similar in violent crime participation — a finding that varies from the current literature. Once active in a crime type, women and men committed assault, theft, and forgery at significantly different rates; no gender differences were found in the annualized frequency rates of burglary, robbery, motor vehicle theft, fraud, and drug dealing. However, although statistical differences were not found in the overall frequency of drug dealing, specific patterns of drug dealing reflected considerable gender variation, with a larger proportion of the female sample committing very frequent (daily) drug dealing activity. The findings reflect the value of the criminal career paradigm for the study of gender differences. Future research should include largescale quantitative designs that allow detailed analyses of correlates of the distinct criminal career dimensions.Points of view are those of the author and do not necessarily reflect the official position of the U.S. Department of Justice.This research was funded in part by the National Institute of Justice, Grant 87-IJ-CX-0048.     

Differentiating identity theft: An exploratory study of victims using a national victimization survey

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.     

EDITORS LETTER

Identity theft has become one of the most ubiquitous crimes in the USA with estimates of the number of households being victimized annually ranging between 5% and 25%, resulting in direct losses totaling hundreds of billions of dollars over the past few years. Government efforts to combat identity theft have included legislation criminalizing and increasing penalties as well as regulatory efforts designed to protect individual identifying information held by financial and other business organizations. At the same time, individuals are taking their own preventive actions and purchasing private protection such as credit monitoring and identity theft insurance services. We use data from a large sample of residents from four states (Illinois, Louisiana, Pennsylvania, and Washington) in order to assess the public's willingness to pay (WTP) for a government program designed to reduce identify theft under two separate conditions, one promising a 25% reduction in identity theft and the other promising a 75% reduction in identity theft. Results indicate that: (1) between 40% and 66% of the public is willing to pay an additional tax for identity theft prevention, more so when the promise of a reduction is highest (75% compared to 25%) with an average WTP of $87, and (2) WTP is highest among individuals who carry many credit cards, who subscribe to an identity theft protection service, and who take active steps in preventing fraud by shredding bills and paying with cash, but is lowest among individuals who believe that taxes are too high. Converted into a “per crime” cost and combined with the portion of identity theft costs that are borne directly by business, we estimate the average cost per identity theft to range from approximately $2,800 to $5,100.     

经济犯罪原因剖析与预防对策研究

经济犯罪已经成为我国市场经济环境下频发的一种犯罪类型。任何犯罪都不是一个犯罪原因简单造成的,而经济犯罪更应从社会、人的本性以及经济运行机制等方面去分析;同时,对经济犯罪的预防也应该从整体、根本上着手,在预防手段的现代化、转变立法思想、建立诚信社会等方面打防并举。     

刑法中的非法占有目的

非法占有目的是非法掌握或控制财物的意欲 ,是盗窃、诈骗等非法取得他人财物的取得罪主观方面故意所包含的内容。它不具有区分盗窃罪与一时盗用的非法行为 ,以及盗窃等取得罪与故意毁坏财物罪的机能 ,也不是侵犯财产的犯罪故意之外的主观要件。     

Correlates of distance to crime in Mexico City

This study examined the correlates of distance to crime in a sample of 412 prison inmates in the Mexico City Metropolitan Area. The study focused on crimes of theft and included a spatial analysis of the crime scene and the place of residence of the prison inmates. The data show a high clustering of criminals in a few neighbourhoods surrounding the old downtown area. Also, 38.8% of the sampled criminals committed their crimes in the same neighbourhood where they lived. Regression analysis revealed two independent and positive correlations of distance to crime: the monetary gain of the crime and if the prison inmates' intimate partner was also in jail. These findings suggest that, aside from the monetary rationale in the distance to crime function, the neighbourhood and family contexts deserve further research for a better understanding of criminal behaviour in Mexico.     

论三角诈骗

行为人实施诈骗行为时,如果被骗人(财产处分人)与被害人不具有同一性,即属三角诈骗;三角诈骗既具备诈骗罪的本质特征,又完全符合诈骗罪的构成要件;三角诈骗与盗窃罪(间接正犯)的关键区别在于,被骗人事实上是否具有处分被害人财产的权限或者是否处于可以处分被害人财产的地位;诉讼诈骗是典型的三角诈骗,应认定为诈骗罪;对于利用他人的债权凭证非法取得财物的行为,应当正确区分三角诈骗(诈骗罪)与其他犯罪的界限。     

略论自首认定中的几个特别问题

自首制度是刑事法律中一项普遍的量刑制度,我国法律对一般自首的规定比较明确,但对于特别自首的规定尚有疏漏或不合理之处,尤其对"双规"、"劳教"期间如实供述自己的罪行及翻供后能否成立自首等问题,需要根据自首的立法精神及实践中的具体情况,正确认定。     

Predicting symmetry in female/male crime rates

This paper examines changes in female criminality. Data were obtained from 1943 through 1998 on six index crimes: murder, robbery, assault, burglary, auto theft, and larceny. Rape and arson are not included because rape is almost exclusively a male crime, while statistics for arson have not been consistent for the period studied. A review of the literature on female crime is presented. Percentage differences between males and females were obtained for specific crimes for each year. A regression line was computed for this difference by year. Each line is characterized by R², as a measure of confidence in future predictions and “b” levels to determine slope, and the expected year in which male and female crime will achieve equality if current trends continue. The authors also suggest using the year generated as an index on which to compare growth or decline of female crime.     

信用卡犯罪若干疑难问题探析

本文针对信用卡犯罪理论上和实践中存在的诸多疑难问题进行了深入研究。笔者认为:盗窃信用卡并使用的定性应具体问题具体分析,不宜笼统地以盗窃罪论处;对捡拾信用卡及其后续行为的认定应分而论之;盗划信用卡应当以信用卡诈骗罪论处;与信用卡有关的勾结犯罪、持有犯罪、恶意透支等问题也应区别对待。此外,笔者还对信用卡犯罪在立法上存在的空缺及司法上存在的错误倾向提出了建设性完善意见。     

Exploring the crime of identity theft: Prevalence, clearance rates, and victim/offender characteristics

Although the crime of identity theft has garnered a great deal of media attention, relatively little empirical research existed on the prevalence of the crime, its clearance rate by arrest, or the demographic characteristics of the victims and the identifiable offenders. The purpose of this article is to expand the knowledge of this growing crime. Using data from a large municipal police department located in Florida as a database, the findings suggested that the number of reported incidents of identity theft appeared to be growing at a greater rate than other theft-related offenses and the clearance rate for identity theft appeared to be declining. The typical apprehended offender was African American, female, unemployed, working alone, and was unknown to the victims, who tended to be White and male.     

Violent crime and modernization in Colombia

This paper assesses violent crime in Colombia by focusing on police arrest data from 1938 to 1967. Social and political conditions provide the cultural context from which the effects of modernization on crime are examined. Shelley's modermization perspective claims that violent crime increases when a country modernizes, but property crimes increase after relative wealth and prosperity are achieved. Regression results support Shelley's perspective for the crimes of robbery and theft, whereas her theory gamered weaker support for the crimes of homicide and assault. Theoretical implications for modernization theory in light of the findings are discussed.     

国际航空犯罪法人刑事责任及其国内立法转化研究

2010年《北京公约》和《北京议定书》首次规定了国际航空犯罪法人责任,法人责任以法人的高级管理人员代表法人实施劫持航空器等国际航空犯罪为要件,法人为此承担刑事、民事或行政责任。公约对法人犯罪及其责任的立法需要转化为国内法才能适用。世界各国国内法对法人犯罪及其责任的态度差别较大,英国、加拿大、法国等国刑法规定有航空犯罪的法人刑事责任,德国国内法规定有航空犯罪的法人行政责任,意大利刑法规定有航空犯罪的法人民事责任,我国仅在个别航空犯罪中规定有法人犯罪及其刑事责任。我国法人犯罪及其刑事责任的立法和理论具有较强的包容性,可在我国刑法中取消法人犯罪法定化限制,全面规定包括航空犯罪在内的法人犯罪及其刑事责任。     

The Dark Figure of Online Property Crime: Is Cyberspace Hiding a Crime Wave?

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.     

金融凭证诈骗罪疑难问题探析

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。     

The prosecution of bias crime in the Netherlands and the problem of net-widening: fundamental limits to criminal liability

Crimes that are committed with bias motives are categorised as ??hate?? or bias crimes and are punished more severely than nonbias crimes. However, bias crime laws are often applied to offences where there is no clear evidence of a bias motive. Based on the results of 318 case studies into bias crime prosecutions in the Netherlands, this paper demonstrates that the causes of net-widening should be sought in the action-oriented nature of criminal law reasoning. Decision makers rely on objective behavioural indicators to infer motives. However, these are rarely reliable. We argue that this process results in a transformation of bias crime laws. They are no longer used to punish harmful motives. Rather, they are used to combat behaviour that is considered socially harmful on account of its perceived intolerant, racist or xenophobic message. This forces us to reconsider the justification behind trying to punish motive.     

Attitudes toward hate crime laws

The research reported here was a survey study exploring attitudes toward hate crime laws and possible causes of such attitudes. In a path model, which was supported by the data, it was found that the major factor determining acceptance or rejection of a hate crime law was whether or not homosexuals would be included as a protected group: those wanting inclusion supporting such a law, and those not wanting inclusion opposing such a law. Consistent with identity politics theory, the data-supported model further found that both social and economic liberals, and people who thought hate crimes created fear in other members of the victim's group, wanted homosexuals included in hate crime laws. Other findings, however, were inconsistent with the identity politics theory position that this movement was a united front. Other results from the data-supported model are also discussed and explanations are provided.     

The effects of closed-circuit television on crime: meta-analysis of an English national quasi-experimental multi-site evaluation

This article reports results obtained in an English national quasi-experimental multi-site evaluation of 14 closed-circuit television (CCTV) projects in residential areas, town and city centers, a city hospital, and car parks (parking lots). Both police and victimization data were collected before and after the installation of CCTV in target, control and buffer areas, and police Divisions. The results showed that CCTV was effective in reducing crimes in train station car parks but not in city centers or residential areas, seemed to be effective in reducing vehicle crimes (but not other types of crimes), and was most effective when the degree of coverage by CCTV was high and when CCTV was combined with other interventions such as improved lighting. Implications for situational crime prevention theory are drawn. There was no evidence of displacement or diffusion of benefits. It is concluded that CCTV needs to be implemented more effectively, based on an analysis of the crime problem and its causes, and needs to be evaluated using a randomized experimental design.

Counting the cost of crime in Italy

We gauge the cost of crime in Italy by concentrating on a subset of offences covering about 64% of total recorded crimes in the year 2006. Following the breakdown of costs put forward by Brand and Price, we focus on the costs in anticipation, as a consequence, and in response to a specific offence. The estimated total social cost is more than €38 billion, which amounts to about 2.6% of Italy's GDP. To show the usefulness of these measures, we borrow the elasticity estimates from recent studies concerning the determinants of crime in Italy and calculate the cost associated with the surge in crime fuelled by unemployment and pardons. Indeed, in both cases such costs are substantial, implying that they should no longer be skipped when assessing the relative desirability of public policies towards crime.     

唐以前盗罪之变迁研究

尽管名称不一,但盗罪无疑是古今刑事法律均极为关注的罪名,今人也习惯于以财产性犯罪来理解传统中国的盗罪。然而,在中国文字初创之时,“盗”其实是泛指“不正”“不当”之义的词汇;至战国时代,才被相对明确地用来指称侵犯财产的行为,但其“不正”“不当”之义也并未完全消失。此种日常语义的多层次性也影响到战国秦至汉代的法律对盗罪的设计,使盗罪一方面以非法取财为主旨,另一方面又保留着超越财产性犯罪之概念限定的可能,从而表现出一定的含义复杂性。至魏晋南北朝,立法者们虽试图对盗罪予以分化或净化,但由于“盗”字的日常语义依然具有多层次性,作为法律术语之盗罪的含义复杂性也无法彻底改变并最终遗留在唐律之中。