Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.     

Neighborhood climates of legal cynicism and complaints about abuse of police power†

Research findings show that legal cynicism—a cultural frame in which skepticism about laws, the legal system, and police is expressed—is important in understanding neighborhood variation in engagement with the police, particularly in racially isolated African American communities. We argue that legal cynicism is also useful for understanding neighborhood variation in complaints about police misconduct. Using data on complaints filed in Chicago between 2012 and 2014, we show that grievances disproportionately came from racially segregated neighborhoods and that a measure of legal cynicism from the mid-1990s predicts complaints about abuse of police power two decades later. The association between legal cynicism and complaints is net of prior complaints, reported crime, imprisonment, and other structural factors that contribute to the frequency and nature of interactions involving police and residents. Legal cynicism also mediates the influence of racially isolated neighborhoods on complaints. The mid-1990s is the approximate midpoint of a half-century of police scandals in Chicago. Our research findings suggest that contemporary complaints about police misconduct in highly segregated Chicago neighborhoods are grounded in collectively shared historical memories of police malfeasance. They also suggest that persistent complaints about police misconduct may represent officially memorialized expressions of enduring racial protest against police abuse of power.     

The stages of cybercrime investigations: Bridging the gap between technology examination and law enforcement investigation

Cybercrime investigation can be argued as still in its infancy. The technical investigation practices and procedures of global law enforcement are also still evolving in response to the growing threat of the cybercriminal. This has led to considerable debate surrounding the adequacy of current technical investigation models, examination tools and the subsequent capability of law enforcement to tackle cybercrime. To bridge the gap between low-level technology recovery and digital forensic examination, and to overcome the many technical challenges now faced by law enforcement; this paper presents an extended cybercrime investigation model capable of guiding the investigative practices of the broader law enforcement community. The Stages of Cybercrime Investigations discussed throughout this paper, demonstrate the logical steps and primary considerations vital to investigating cyber related crime and criminality. The model is intended to provide both technical and non-technical investigative resources, covering mainstream law enforcement, partner agencies and specialist technical services, with a formal and common structure when investigating the complex technical nature of cybercrime. Finally, the model is further aimed at providing cybercrime investigators with a means to consolidate understanding, share knowledge and communicate the resulting outcomes as an investigation moves through each relevant stage.     

A rational jurisdiction for cyber terrorism

Cyberspace is a cross-national world that transcends geopolitical national borders. Jurisdiction is the focal point for any dispute arising in the international arena, because it determines which state court has the authority to settle a dispute. The objective of this paper is to analyse territorial and universal jurisdiction principles which can be specifically related to cyberspace to determine which of them is best suited to providing the appropriate jurisdiction in combating cyber terrorism and how conflicts arising between them can be settled. The transnational nature of cyber terrorism offences leads to jurisdictional complexity, thereby investigation and prosecution is difficult. Lack of harmonisation in legislating among countries leads to difficulty in investigation and prosecution of cyber terrorism offences. This paper notes that universal jurisdiction is the most feasible and effective method to deter cyber terrorism.     

Family-of-origin characteristics and current family relationships of female adult incest victims

Past and present family relationships of a group of female adult incest victims were examined. The sample consisted of 40 women who were, at the time of assessment, in treatment for childhood experiences of incest. The majority of these women viewed their families-of-origin as generally unhealthy in regard to various dimensions of autonomy and intimacy. Current relationships with their families-of-origin were characterized by less intimacy and more intimidation, triangulation, and fusion than a normed group. Some of these patterns were also evident in the families-of-procreation of these women, including greater triangulation and less spousal intimacy. The subjects also perceived their families-of-procreation as disengaged, controlling, less active in events outside the family, conflict-ridden, and lacking in organization and emotional expressiveness. Finally, based on a circumplex model, a significant number of families-of-procreation were in the extreme range of family functioning.     

Cyber Law Terminology as a New Lexical Field in Legal Discourse

The cyber domain is one of the newest and most rapidly evolving fields of knowledge which has led to the development of a new area of law—cyber law, that regulates the use of the Internet and activities performed over the Internet and other networks. The cyber domain is particularly dynamic: new concepts are constantly developed and need new terminological designations, which in turn need new counterparts in other languages. Formation of these designations and their counterparts often raises terminological issues that are important to deal with in order to develop a coherent system of the cyber domain terms. The given paper focuses on the terminology that includes the lexical item cyber which may be considered as the main signifier of the cyber domain indicating its specific nature. The aim of the paper is threefold: to analyse the origin and development of the lexical item cyber, to investigate conceptual categories of the EU legislation terminology that includes the lexical item cyber and to establish the Lithuanian counterparts that are used for translation of the lexical item cyber in the Lithuanian equivalents of the English terms. For the purposes of the study, the ad hoc English and Lithuanian corpora of the EU legislative documents were compiled. Corpus-driven methodology was used to extract and investigate the terminology used in the corpora. The results of the research are believed to provide useful information to learners and teachers of the legal language and legal translation, as well as drafters of legislative and administrative documents and other professionals engaged in cybersecurity matters.

     

Sexual victimization against transgender women in prison: Consent and coercion in context

In this article, we conjoin two long‐standing lines of inquiry in criminology—the study of prison life and the study of sexual assault—by using original qualitative and quantitative data from 315 transgender women incarcerated in 27 California men's prisons. In so doing, we advance an analysis of the factors and processes that shape their experience of sexual victimization in prison. The results of qualitative analysis of 198 reported incidents of sexual victimization exhibit a range of types of sexual victimization experienced by transgender women in prison and reveal the centrality of relationships to their experiences of victimization. Findings from logistic regression models buttress the qualitative results, highlighting a factor that consistently and powerfully indicates vulnerability to sexual victimization is involvement in consensual sexual relationships with male prisoners. Together, the data demonstrate the prominence of intimate partner violence in prison, complicate the distinction between consent and unwanted sexual experiences in the lives of transgender women in prisons for men, and shine a light on the workings of gender in a total institution that privileges heteronormativity at the expense of the safety of transgender women in prisons for men. We discuss the implications of our findings in light of timely policy concerns.     

食品监管渎职罪探析

食品是人类生活的基本需求之一。民以食为天,而食又以安为先。近些年来,我国食品安全事件频发,违法犯罪猖獗,《刑法》保护不力。为此,《中华人民共和国刑法修正案(八)》第49条增设食品监管渎职罪,以严厉打击食品领域的渎职行为,强化国家的监管责任。本文就食品监管渎职罪增设的必要性、法条的解读以及与相关罪名的区分进行探析,以期能对司法实践有所裨益。     

Patching the patchwork: appraising the EU regulatory framework on cyber security breaches

Breaches of security, a.k.a. security and data breaches, are on the rise, one of the reasons being the well-known lack of incentives to secure services and their underlying technologies, such as cloud computing. In this article, I question whether the patchwork of six EU instruments addressing breaches is helping to prevent or mitigate breaches as intended. At a lower level of abstraction, the question concerns appraising the success of each instrument separately. At a higher level of abstraction, since all laws converge on the objective of network and information security – one of the three pillars of the EU cyber security policy – the question is whether the legal ‘patchwork’ is helping to ‘patch’ the underlying insecurity of network and information systems thus contributing to cyber security. To answer the research question, I look at the regulatory framework as a whole, from the perspective of network and information security and consequently I use the expression cyber security breaches. I appraise the regulatory patchwork by using the three goals of notification identified by the European Commission as a benchmark, enriched by policy documents, legal analysis, and academic literature on breaches legislation, and I elaborate my analysis by reasoning on the case of cloud computing. The analysis, which is frustrated by the lack of adequate data, shows that the regulatory framework on cyber security breaches may be failing to provide the necessary level of mutual learning on the functioning of security measures, awareness of both regulatory authorities and the public on how entities fare in protecting data (and the related network and information systems), and enforcing self-improvement of entities dealing with information and services. I conclude with some recommendations addressing the causes, rather than the symptoms, of network and information systems insecurity.     

To Simulate or NOMINATE?

Carroll et al. (2009) summarize the similarities and differences between the NOMINATE and IDEAL methods of fitting spatial voting models to binary roll‐call data. As those authors note, for the class of problems with which either NOMINATE and the Bayesian quadratic‐normal model can be used, the ideal point estimates almost always coincide, and when they do not, the discrepancy is due to the somewhat arbitrary identification and computational constraints imposed by each method. There are, however, many problems for which the Bayesian quadratic‐normal model can be easily generalized, so as to address a broad array of questions and take advantage of additional data. Given the nature and source of the differences between NOMINATE and the Bayesian approach—as well as the fact that both approaches are approximations of the decision‐making processes being modeled—we believe that it is preferable to choose the more flexible Bayesian approach.     

渎职罪主体新论 ——对一个立法解释的解读

渎职罪主体是学界长期纠缠不休的一个焦点问题.全国人大常委会2002年12月28日通过的<关于刑法第九章渎职罪主体适用问题的解释>对这一焦点问题作了定论.对于渎职罪的主体应作广义上的理解,包括国家机关中法定从事公务的人员以及受国家机关委托、聘用、受国家机关委派从事公务的人员.     

传染病防治失职罪的适用困境与刑法应对

正在经历的新冠肺炎疫情使我们更加深刻地认识到传染病防治渎职行为的严重危害.但是,刑法第409条对传染病防治失职罪的立法规定,明显存在主体范围狭窄、行为方式单一、入罪门槛过高、刑罚配置失衡等问题.为了提高传染病防治渎职犯罪的治理效能,应当及时采取扩大主体范围、增列行为方式、降低入罪门槛、科学配置刑罚等措施,提高刑法第409条罪刑规范在传染病防治渎职犯罪治理中的能力和水平.     

Main drivers of human capital,learning and performance

The aim of this study was to show the relationships between the enablers for knowledge creation and human capital (HC); the effect of HC on feedback and feedforward; and the influence of these learning flows on organizational performance. To achieve this, we developed a novel theoretical model of relationships and tested this model empirically. We quantitatively test this model using data from firms in the Spanish biotechnology sector. Results show strong relationships between HC and enablers for knowledge creation (redundancy, trust, and autonomy); HC and learning flows (feedback and feedforward); and learning flows and organizational performance. The originality of this study lies in linking—theoretically, empirically, and through a novel model—independent theories of HC, learning, and knowledge creation.     

Sovereignty and International Order

Abstract. Sovereignty may be threatened by obligations and relations with other nations, states or powers from either an “internal” or “external” perspective. In this paper, I argue that these obligations and relationships may be compatible with a state's sovereignty if we understand the proper nature of authoritative relationships. This requires a model of “rational authority” which places emphasis on the first-person perspective of the subjects to authority.     

Predicting overt and cyber stalking perpetration by male and female college students

In this study, self-report student surveys on early childhood maltreatment, attachment styles, alcohol expectancies, and narcissistic personality traits are examined to determine their influence on stalking behavior. Two subtypes of stalking were measured using Spitzberg and Cupach's (2008) Obsessive Relational Intrusion: cyber stalking (one scale) and overt stalking (comprised of all remaining scales). As t tests indicated that men and women differed significantly on several variables, OLS regression models were run separately for men (N = 807) and women (N = 934). Results indicated that childhood sexual maltreatment predicted both forms of stalking for men and women. For men, narcissistic vulnerability and its interaction with sexual abuse predicted stalking behavior (overt stalking R2 = 16% and cyber stalking R2 = 11%). For women, insecure attachment (for both types of stalking) and alcohol expectancies (for cyber stalking) predicted stalking behavior (overt stalking R2 = 4% and cyber stalking R2 = 9%). We discuss the methodological and policy implications of these findings.     

Anxiety,alcohol use,and aggression: Untangling the causal pathways

Given the enormous social and economic costs of alcohol‐related violence, understanding the causal processes that give rise to the relationship between alcohol and violence is of paramount importance. McMurran provides a valuable contribution to this literature by offering a conceptually coherent, empirically grounded, and plausible model of the relationship between anxiety, alcohol intoxication, and aggression ( McMurran, 2011 , pp. 357–371). In this commentary, I first look more narrowly at the proposed causal relationships that link anxiety problems with aggression via alcohol use, suggesting that although they are largely consistent with McMurran's thesis there may be scope to build yet more complexity into the model. In the second part of the commentary, I consider the nature of both anxiety and aggression within the broader framework of our evolutionary history and argue that considering the adaptive functions of anxiety and aggression may contribute to our understanding of the proposed links with alcohol use. In particular, I highlight the potential value of disaggregating the links between anxiety, alcohol use, and aggression by gender, and type of violence.     

ALIENATION IN PRISON

This article focuses on alienation among prison guards by examining the nature of the work relations between guards and fellow guards, inmates, and prison administrators. Data for the project were derived from both questionnaire and interview sources. The independent effects of the three forms of work relations on five types of alienation were assessed through an examination of standardized regression coefficients estimated from a fully recursive model of the variable relationships. We found that negative evaluations of work relations resulted in increased levels of alienation experienced by guards.     

Parties and Electoral Performance in the Market for Political Consultants

We investigate whether the hiring relationships of candidates and political consulting firms better resembles the predictions of the “adversarial” or “allied” models of consultant‐party interaction. We find that the highest‐quality consultants are not allocated to the most competitive races, consultant‐candidate relationships persist even as candidates' electoral prospects change, and firms who work for challengers face a higher risk of market exit than firms working for incumbents. The market focuses entirely on win‐loss records and ignores the information on consultant performance available in candidates' vote shares. These findings depict a market driven by individual candidate, rather than aggregate party, goals.     

Must Internal Working Models be Internalized? A Case Illustrating an Alternative Pathway to Attachment

Internal working models of attachment are conceptualized as internalizations of interpersonal dynamics involving attachment—schemata derived from secure therapeutic relationships if not established in childhood. The potential for developing internal working models in the absence of adequate attachment history is demonstrated by the case of a dismissing (avoidantly-attached) client with Dissociative Identity Disorder (DID) abandoned in early childhood. Using the Collective Heart model (Krakauer 2001)—which targets posttraumatic misattributions of power and quickly challenges the client’s perceived brokenness and helplessness—the client formed an intimate bond with a formerly unconscious inner guidance resource experienced as a maternal attachment figure long before a robust therapeutic relationship was established. Verbatim case material illustrates autohypnotic interventions potentiating this “Wise Mother’s” guidance of the client’s identity development and mastery of relational tasks by mining and augmenting fragmentary attachment experiences. Theoretical and clinical implications of the evolution and function of the Wise Mother are discussed.     

模型建构视野下的滥用职权罪——与玩忽职守罪之区别

近年来,刑法学界在涉及滥用职权和玩忽职守两罪的认定时争议颇多,尤其表现在对两罪主观罪过形式及客观方面特征的界定上。实际上,刑法所建构的犯罪识别模型(犯罪构成)虽然来源于生活原型,但由于人为概念系统固有的拟制功能,法律规定往往高于生活事实本身。据此,在犯罪模型上将所有故意性的一般渎职行为统一拟制为滥用职权罪,将所有过失性的一般渎职行为统一拟制为玩忽职守罪,虽然在一定程度上超越于事实原型本身,但却是十分必要和切实可行的。