计算机犯罪中的电子证据研究

随着计算机技术的推广运用 ,计算机犯罪不断发展变化。证实计算机犯罪最主要的证据是电子证据。电子证据具有技术性、易变性、隐蔽性和虚拟性的特点 ,属于书证。直接言词规则、最佳证据规则及我国现行法律规定并不影响电子证据的证据价值。电子证据要通过客观性、相关性和合法性的查证。     

我国应当尽快确立电子商务证据的法律地位

随着电子商务的普及推广,电子商务证据与现行法律规定发生冲突,已在司法实践中显现出来。在我国,这种冲突主要体现在电子商务证据的种类、形式等方面,借鉴世界各国和国际社会的不同做法,我国应对其合法地位作出相应的法律规定,以适应电子商务发展的需要。     

修正的事实说：诉讼视野中的证据概念新解

证据的概念,是证据法和证据法学理论大厦的基石,然而,理论和立法表述都还存在着问题。就此而言,需要强调的是,诉讼意义上的证据概念,不仅应当反映出诉讼证明区别于其他认识或证明活动的特殊性原理,而且,应当能够承载特定法律对诉讼证明原理的独特要求。一个具有完整逻辑结构的一般性证据概念可以界定为：与待证事实（主张、判定）具有法律相关性、可直接观察认识的外在事实。由此观之,中国三大诉讼法的有关条文都需要修改。     

The influence of vehicle model and colour on assessments of speed and culpability: the case for (and against) Computer Generated Exhibits (CGE)

Computer Generated Exhibits (CGE) are frequently deployed in legal contexts under the rubric of demonstrative evidence, i.e. to facilitate juror comprehension. However, a number of legal and academic commentators have suggested that the nature of the computerised moving image could exert undue prejudice on decision makers, e.g. judge and/or jury. The current study aimed to assess the manipulation of vehicle characteristics (make and colour) when a road traffic accident was presented in the format of a computer generated animation (CGA). In experiment 1, two groups of subjects watched two different makes of car, a Range Rover Sport and a Volkswagen Touran in a black-and-white format; no significant differences emerged over vehicle model with regards to vehicle speed or overall responsibility for the accident. Experiment 2 presented the same vehicles to four groups of participants in full colour, with the cars in contrasting red or beige; significant differences emerged with regards to culpability for vehicle make only. The findings could have implications for the format and style of CGE used in legal settings.     

Contemporary piracy research in criminology: a review essay with directions for future research

The realm of the ocean is scarcely studied by criminologist despite it being a component of the space of society. With the growth of maritime piracy in the past decade, this void has become increasingly palpable. The aim of this article is to catalyze more research in the field by providing an introduction and overview of the topic. The article starts by clarifying what piracy is, reviewing and evaluating some of its definitions and typologies. Furthermore, using the new Contemporary Maritime Piracy Database, the article charts the location of contemporary piracy. The article outlines factors that have been suggested as precursors of piracy before suggesting some key areas for future research.     

Spherical Photography and Virtual Tours for Presenting Crime Scenes and Forensic Evidence in New Zealand Courtrooms

The delivery of forensic science evidence in a clear and understandable manner is an important aspect of a forensic scientist's role during expert witness delivery in a courtroom trial. This article describes an Integrated Evidence Platform (IEP) system based on spherical photography which allows the audience to view the crime scene via a virtual tour and view the forensic scientist's evidence and results in context. Equipment and software programmes used in the creation of the IEP include a Nikon DSLR camera, a Seitz Roundshot VR Drive, PTGui Pro, and Tourweaver Professional Edition. The IEP enables a clear visualization of the crime scene, with embedded information such as photographs of items of interest, complex forensic evidence, the results of laboratory analyses, and scientific opinion evidence presented in context. The IEP has resulted in significant improvements to the pretrial disclosure of forensic results, enhanced the delivery of evidence in court, and improved the jury's understanding of the spatial relationship between results.     

Evidence collection in the German, American and Chinese legal systems: A comparative analysis

After comparing different procedures of evidence collection in the German, American and Chinese legal systems, the author analyzes the reasons behind the differences: Each system is determined by its specific social culture and is compatible with the construction of the civil procedures of its own. Based on China’s specific social culture and its system of civil procedure law, the German style of evidence collection is in a better position to provide guidance for China in pursuit of justice.     

New directions for anti-theft policy: Reductions in stolen goods buyers

This study explores the possibility of reducing theft in the United States through reductions in the number of persons who purchase stolen goods. Theft is conceptualized as a market-oriented offense that can be influenced by changes in consumers' willingness to make blackmarket purchases. Based upon several conservative assumptions about the number and the cost of thefts and the number of purchasers of stolen property in the United States, estimates of reductions in the former through reductions in the latter are calculated. Following these estimates, the issue of how best to accomplish a reduction in the number of persons buying stolen goods is addressed through analysis of data pertaining to individuals' decisions to buy stolen property. Key predictors of purchasing behavior are then reviewed for potential contributions to the inhibition of that behavior. In the final analysis, only one predictor, moral belief, appears to possess practical policy implications.     

允许怀疑:科学证据的新标准

本文阐述了相关的法律判例和科学哲学原理,讨论了法律和科学中对待证据的不同方法,认为现行标准不能满足诉讼证据的目的。最后提出了完善可采性标准的建议,主张走向以相关性作为唯一根据的可采性标准,并辅以针对可靠性问题的陪审团指示,这样有助于事实的审判者得到最准确的结果,会减少那种支持某特定阶层诉讼当事人的偏见,并消除因将科学规范应用于诉讼证据而产生的困惑。     

比较法制史:中国法律史学研究的新视角

“比较法制史”无论是作为一种学科分类 ,还是一种重要的方法论 ,长久以来一直引起人们的关注。早期的法制史学者不仅在中国法制史教学与科研中运用比较法制史的方法 ,还在《比较法制史》的教材编写上作了有益的尝试。在新中国的法制史学科发展历程中 ,学者们也很重视比较法制史。 2 1世纪中国法律史学的发展应着眼于全球化 ,及时转换研究视角 ,尽快构建比较法制史的理论体系 ,发挥其在中国法律史教学与研究中的积极作用 ,以提高法律教育的质量。     

Theory and racial profiling: Shortcomings and future directions in research

The volatile political environment that surrounds the issue of “racial profiling” has led local and state police agencies across the nation to start collecting information about traffic and pedestrian stops. The controversy over this issue is overwhelmed by the unsupported assumption that all race-based decision making by police officers is motivated by individual police officers' racial prejudice. This article reviews recently published studies on racial profiling and critiques both their methods and conclusions. Using the conceptual framework for police research presented by Bernard and Engel, it reviews a number of theories that may explain racial disparities in the rates of police stops. The authors argue that to explain police behavior better, theoretical models must guide future data collection efforts.     

New directions in social stratification and income distribution: Introduction

The contributors to this special issue address important problems in the area of social stratification and income distribution. More specifically, Van der Sar and Van Praag offer a solution to the problem of measuring the relative importance of a social position by referring to the individual utility function. Hermkens and Boerman test hypotheses derived from functionalist and marxist theory concerning the degree of value consensus associated with the differential allotment of income and prestige to social positions. Shepelak points to the effects of a prevailing system of norms and values — beliefs about meritocracy, fair shares and opportunity — on the equalization of incomes. Arts and Van Wijck study social constraints to income equalization and focus on the inadequacy of decision-making processes and imperfect implementation of decisions. In the final contribution to this issue, Jasso examines the behavioral and social consequences of the simultaneous operation of two distinct considerations on courses of action: the individual's own well-being and the societal common good.     

Taking the stand: defendant statements in court cases of alleged sexual abuse against infants,toddlers and preschoolers

Investigating and adjudicating allegations of child sexual abuse are challenging tasks. In the present study, we examined defendant statements concerning charges of sexual abuse against young children in Swedish district court cases (87 defendants, 140 child complainants, tried between January 2010 to December 2015). A main objective was to test predictive factors for admissions of guilt using inferential statistical analyses. Furthermore, using qualitative thematical analysis, we sought to identify common patterns in the defendants’ explanations to the allegation. Approximately one-third of the defendants (31%) pleaded guilty during trial. Admissions of guilt were more likely if the defendant was young, if the child was young at the onset of abuse, if the child and perpetrator had an extrafamilial relationship, and if the defendant possessed child pornography. A conflict with the person who made the report (e.g. a custody dispute), a testimony from the child, a direct eyewitness, or an informal disclosure recipient were significantly more common in cases of denials. In the qualitative analysis, a range of alternative explanations behind the abuse allegations were identified. Legal professionals and investigators may benefit from considering these alternative hypotheses during their investigative and judicial work.     

Communication in family court: financial remedy proceedings from the perspective of litigants in person

The article presents a rationale for communicative, conceptual, cognitive and procedural challenges experienced by litigants in person in financial remedy proceedings. The article also explores oscillation between written and spoken legal genres and narrative development strategies which litigants in person have to use throughout different stages (from the early stages of starting proceedings, filling in court forms and providing documentation, through the negotiation process to interaction in court). While legal professionals express themselves in paradigmatic legal mode influenced by legal acts and legislation, litigants in person tend to express themselves in narrative mode similar to everyday storytelling. The objective is to investigate obstacles litigants in person experience during the process originally designed by legal professionals for legal professionals. The article evaluates different options for empowering lay people involved in legal proceedings and argues for the need to provide more specific support for different stages of family proceedings.     

Learning on the job: Studying expertise in residential burglars using virtual environments*

In this article, we describe a quasi‐experiment in which experienced incarcerated burglars (n = 56), other offenders (n = 50), and nonoffenders (n = 55) undertook a mock burglary within a virtual neighborhood. We draw from the cognitive psychology literature on expertise and apply it to offending behavior, demonstrating synergy with rational choice perspectives, yet extending them in several respects. Our principal goal was to carry out the first robust test of expertise in offenders by having these groups undertake a burglary in a fully fledged reenactment of a crime in a virtual environment. Our findings indicate that the virtual environment successfully reinstated the context of the crime showing clear differences in the decision making of burglars compared with other groups in ways commensurate with expertise in other behavioral domains. Specifically, burglars scoped the neighborhood more thoroughly, spent more time in the high‐value areas of the crime scene while traveling less distance there, and targeted different goods from the comparison groups. The level of detail in the data generated sheds new light on the cognitive processes and actions of burglars and how they “learn on the job.” Implications for criminal decision‐making perspectives and psychological theories of expertise are discussed.     

中国DNA数据库建设应用技术现状及发展趋势

中国的法庭科学DNA数据库建设历经10年,在应用中取得了显著成果.随着DNA分析技术的进步,DNA数据库更加完善,DNA信息作用更加突显.本文综述了中国DNA数据库的规划与建设,DNA数据库建设中的应用技术,以及DNA数据库建设应用技术发展趋势,为完善DNA数据库建设提供借鉴.     

Alcohol-related crime among college students: a review of research and fruitful areas for future work

College and alcohol are a potent mix. This paper reviews what is known and unknown about college students’ involvement in alcohol-related crime as both offenders and victims. There are three types of alcohol-related crime: psychopharmacological; economic compulsive; and systemic. Research on college students, however, has focused entirely on the first type. Why are the latter two types untouched in the literature? After reviewing research on alcohol-involved psychopharmacological crime among college students, we address this question by drawing on Lewis & Lewis’ taxonomy of ‘negative evidence.’ We outline and assess reasons for the dearth of information on these topics, and draw on these explanations to suggest fruitful areas for future research.     

New methods for examining expertise in burglars in natural and simulated environments: preliminary findings

Expertise literature in mainstream cognitive psychology is rarely applied to criminal behaviour. Yet, if closely scrutinised, examples of the characteristics of expertise can be identified in many studies examining the cognitive processes of offenders, especially regarding residential burglary. We evaluated two new methodologies that might improve our understanding of cognitive processing in offenders through empirically observing offending behaviour and decision-making in a free-responding environment. We tested hypotheses regarding expertise in burglars in a small, exploratory study observing the behaviour of ‘expert’ offenders (ex-burglars) and novices (students) in a real and in a simulated environment. Both samples undertook a mock burglary in a real house and in a simulated house on a computer. Both environments elicited notably different behaviours between the experts and the novices with experts demonstrating superior skill. This was seen in: more time spent in high value areas; fewer and more valuable items stolen; and more systematic routes taken around the environments. The findings are encouraging and provide support for the development of these observational methods to examine offender cognitive processing and behaviour.     

Assessment of violence risk in youth for juvenile court: relevant factors for clinical judgment

BACKGROUND: Assessment of violence risk in youth for juvenile court needs to be improved. AIM: To determine which items of the Structured Assessment of Violence Risk in Youth (SAVRY) are recorded in pre-trial mental health evaluations and which of these items are associated with the clinical judgment of the risk of violent recidivism. METHOD: A total of one hundred forensic diagnostic juvenile court files were rated with regard to the presence or absence of the thirty SAVRY risk items: ten historical, six contextual and eight individual items, and six protective items. Univariate and multivariate logistic regression analysis were used to examine the relationship between SAVRY risk items and the clinical judgment of violence risk. RESULTS: Most SAVRY-items had been recorded in the files. However, five historical items and the contextual item 'rejection by peers' did not appear in 25-62% of the files. Especially SAVRY items like 'negative-attitudes' and 'psychopathic traits' were the most powerful predictors for clinical judgment of high violence risk. Unexpectedly, historical items played a minor role in clinical judgment. CONCLUSION: Prospective research is needed with the use of SAVRY-items to improve evidence based violence risk assessment in court ordered mental health evaluations of youngsters.