Urban homicide: Some recent developments

We examine homicide data from fifty of the largest U.S. cities for the years 1976–1977 and, in particular, compare them to similar data for 1971–1972. The results reinforce earlier predictions that one in seventy urban residents born this decade will ultimately be murdered. However, the dispersion of murder risk as a function of race, sex, and city has apparently dropped considerably in the last few years.     

没收违法所得的合宪性分析——基于德国刑法上特别没收合宪性改革的启示

没收违法所得是不是行政处罚或刑罚,并不取决于采取总额原则还是净利原则,还需要从其目的上进行判断。财产权属于法律上形成的基本权利,立法机关在确定财产权的保护范围时享有形成自由。违法所得不属于宪法上私有财产权的保护范围,由此也否定了没收违法所得的制裁属性。无论刑法上还是行政法上的没收违法所得更多的是一种矫正不公平财产秩序的措施,与民法上不当得利返还的理由类似。当然,立法在规定没收第三人的获利以及没收前是否对受害人进行退赔时,涉及到对第三人和受害人的私有财产权的限制,应当进行合宪性分析,避免对其私有财产权构成侵犯。     

Putting together the pieces: recent proposals to fill in the genetic testing regulatory puzzle

The idea that genetic information is different from other medical information and therefore needs special protection has led to a regulatory puzzle where genetic testing is currently regulated under three separate schemes. Although genetic tests for over 2,000 diseases are available, less than 10% of these tests have been reviewed for clinical validity or utility. Recent action by some genetic testing companies has prompted the federal government to propose changes to the current regulatory scheme. This article discusses the current framework and the recent developments before examining some of the concerns and challenges that face the implementation of these proposed changes. The author evaluates the proposals and competing interests in order to suggest how genetic testing may best be regulated to meet the needs of the industry, clinicians, researchers, patients, and consumers.     

Crime and capital punishment: Some recent studies

Some of the recent articles (specifically, those by Ehrlich, Bowers and Pierce, and Zeisel) on the deterrent effect of the death penalty are discussed, and the need for further work is suggested.     

Some reflections on Undercover: recent developments and enduring issues

She [jury member] was extremely liberal. She was a sociologist, and I don't like sociologists. They try to reason things out too much. (Florida Prosecutor [after losing case involving the undercover purchase of a 2 Live Crew album])I have no sympathy for those who are crybabies about the fact that police officers are selling to those who want to buy drugs. We use every legal means that we can. We want everybody to know that the next drug buy may be from a police officer. (Mayor Marion Barry, News Conference 1988)This paper expands on remarks delivered at the American Society of Criminology meetings, Reno, 1989. Some of these ideas were initially presented in 1988 to the qualitative methods discussion group at the Center for Advanced Study in the Behavioral Sciences, with the support of NSF grant no. BNS 8700864. I am particularly indebted to Elliot Eisner and Barry Schwartz for their critical comments and friendship.     

对一起硫酸毁容案精神司法鉴定所引发的相关问题探讨

1999年江苏省南通市发生了一起亲姐妹硫酸毁容案 ,由于多个精神司法鉴定的不同结论 ,影响案件处理 ,加上新闻媒体炒作等因素参与 ,产生了轰动效应 ,虽然该案审理现已终结 ,但该案例所引发的精神司法鉴定相关问题值得深入探讨。案情摘要被告人王× ,31岁 ,汉族 ,大专文化 ,原南通市某时装公司报关员。因婚姻家庭矛盾等原因 ,产生报复伤人之想法 ,并为此准备了硫酸 ,于 1999年 5月 2 8日晚 ,乘送到自己家中吃饭的亲妹妹、姨侄、母亲下楼之机 ,将硫酸泼向 3人致重伤 ,伤残程度分别为三级、九级 ,案发后不久即被警方刑事拘留。精神司法鉴定经过…     

对一起硫酸毁容案精神司法鉴定所引发的相关问题探讨

1999年江苏省南通市发生了一起亲姐妹硫酸毁容案,由于多个精神司法鉴定的不同结论,影响案件处理,加上新闻媒体炒作等因素参与,产生了轰动效应,虽然该案审理现已终结,但该案例所引发的精神司法鉴定相关问题值得深入探讨.     

Gambling among offenders: results from an Australian survey

This article outlines the results of a recent Australian survey of gambling, problem gambling, and gambling-related crimes among offenders. The research found that 34% of participant offenders had some form of gambling problem. This figure is 18 times higher than that found in the general population in the same Australian location. Many problem gamblers identified in the survey had not sought help for gambling and felt they didn't have a problem or were in control of their gambling. In addition, many survey participants said that their gambling was not problematic despite some admissions that they had committed gambling-related crimes. A significant implication of this study follows that offenders with gambling problems need to be offered therapeutic services while in the correctional system to reduce the prevalence of gambling problems and the commission of gambling-related offences.     

《联合国禁毒公约》与我国洗钱收益之没收

《联合国禁毒公约》是联合国制定的第一个惩治洗钱犯罪的国际刑法规范,公约明确了通过对洗钱罪收益的没收以打击相关犯罪的宗旨。本文以《联合国禁毒公约》为范本对洗钱罪收益的没收措施及相关制度进行研究,针对我国现行立法的不足,提出以下完善建议适当扩大没收概念;明确适用没收措施的举证责任倒置原则;正确处理银行保密规则的对抗;加强洗钱收益没收事宜的国际司法合作;建立对没收的洗钱收益的资产分享制度等,以期有利于我国进一步健全和完善相关的法律机制。     

Public policies against criminal assets in mexico: challenges and opportunities from the north border states

Crime, Law and Social Change - Given its vast border with the United States, Mexico is a strategic trade and economic development region, which creates significant challenges in combating crime and...