Rights,women, and the state of Pakistan

Violence against women is a problem around the world. Addressing the issues of physical and sexual violence against women has been a complicated endeavor for criminologists. Much of the traditional criminological research on violence against women has frequently focused on rape as a crime of power between individuals. However, this framework has been expanded to incorporate the analysis of rape during times of war and rape as a state crime. In these cases, rape serves a broader purpose within the military and social structure. By focusing on the specific case of the gang rape of Mukhtar Mai, the goal of this paper was to demonstrate and analyze the role of the state in many of these crimes. Mukhtar Mai’s case should not be understood in isolation, but as a way to illuminate the role of the state in these numerous crimes.     

Even criminals take a holiday: Instrumental and expressive crimes on major and minor holidays

Based on routine activity (RA) theory, the authors hypothesized that crime rates would vary with both the type of crime and the type of holiday, with violent crimes occurring more frequently and property crimes occurring less frequently on major holidays that brought families together in the home. It was also hypothesized that minor holidays would have little or no impact on crime rates. These hypotheses were tested by subjecting data on calls for service in Minneapolis, Minnesota, in 1985, 1987, and 1988 to time series analyses. After controlling for time of day, day of week, month, four weather variables, the first day of the month, linear trend, and autocorrelation, regression analyses indicated that both violent and property crimes were significantly related to major (or legal) holidays, whereas neither type of crime was more likely to occur on minor holidays. Crimes of expressive violence were significantly more prevalent on major holidays, whereas property crimes were less frequent on those days.     

Gender ‘Hostility’, Rape,and the Hate Crime Paradigm

This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes.     

Reporting to the police in western nations: A theoretical analysis of the effects of social context

One of the most consistent findings in empirical studies using victimization data is that the decision to report victimization to the police is determined in large part by the seriousness of the crime. The police will be notified more often of crimes that involve more serious injury or greater monetary loss. These findings, however, may be due to the fact that most studies on reporting have been conducted using victimization surveys that devote a great deal of attention to the crime event and victim characteristics and much less to the social context of that event. As a result, influences on reporting operating at the neighborhood, jurisdiction, or nation level have been neglected. The aim of this paper is to bring social context into the discourse on reporting to the police by presenting a much more inclusive model of crime reporting. In addition, the influence of four aspects of macro-level social context on reporting are tested—the perceived competence of the police, institutionalization of insurance business, norm of conformity, and level of individualism—by merging incident-level data from the International Crime Victims Survey (ICVS) for 16 Western industrialized countries with nation-level data from various sources. Hierarchical logistic modeling is used to analyze the nested data. The perceived competence of the police has a positive effect on whether property crimes are reported.     

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。     

Race-Specific Gender Equality and Rape: A Further Test of Feminist Hypotheses

Feminists have long argued that structural inequality between men and women influences the prevalence of rape. The patriarchal maintenance hypothesis predicts that gender inequality increases rape, while gender equality ameliorates rape (Whaley and Messner 2002). Alternatively, the backlash hypothesis predicts that gender equality exacerbates the rape problem (Russell 1975; Williams and Holmes 1981). To date, no study has explored this relationship with respect to race. In the present study, we use a cross-sectional design with racially disaggregated census and crime data in order to assess the differences among White and Black women in terms of their status along educational, employment, income, and occupational dimensions, and their risk of victimization. The findings indicate that the relationship between equality and rape is masked in the model that includes all women, but becomes apparent in the race specific models. This revised version was published online in July 2006 with corrections to the Cover Date.     

网络黑产链犯罪中帮助行为的刑法评价

网络黑产链犯罪中的帮助行为与传统共同犯罪中的帮助行为有较大的区别,具体表现在行为人的主观故意内容、帮助行为与正犯行为的关联程度及行为的作用效果等方面。然而,目前对网络黑产链犯罪中帮助行为人以共同犯罪论处存在理论障碍,如欠缺共同故意且正犯行为难以认定为犯罪等。司法实践将帮助行为正犯化确实具有现实需要。帮助行为正犯化的论域应当限定在正犯、共犯分离二元参与体系的形式正犯概念之下。在我国刑法分则对实行行为明确定型的立法体制下,司法机关超越解释权限将帮助行为扩张为实行行为的解释与罪刑法定原则有悖。帮助信息网络犯罪活动罪的增设是网络帮助行为正犯化理论的典型立法实践,但成立该罪既不要求帮助行为人对被帮助者实施的具体犯罪内容有明确的认识,也不要求被帮助的犯罪行为在实体上或程序上被认定为犯罪。     

FUNDING COMMUNITY POLICING TO REDUCE CRIME: HAVE COPS GRANTS MADE A DIFFERENCE?*

Research Summary: This research examines how funding from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), has affected violent and property crime rates in the United States from 1995 to 1999. Drawing on six years of panel data, we examine the effects of three types of awards made by COPS to 6,100 law enforcement agencies serving more than 145 million citizens. We estimate their impact on crime reduction over time in jurisdictions receiving funding and controlling for baseline levels of crime, socioeconomic characteristics, city size, and population diversity and mobility. Our analyses suggest that COPS hiring and innovative grant programs have resulted in significant reductions in local crime rates in cities with populations greater than 10,000 for both violent and nonviolent offenses. Multivariate analysis shows that in cities with populations greater than 10,000, an increase in one dollar of hiring grant funding per resident contributed to a corresponding decline of 5.26 violent crimes and 21.63 property crimes per 100,000 residents. Similarly, an increase in one dollar of innovative grant funding per resident has contributed to a decline of 12.93 violent crimes and 45.53 property crimes per 100,000 persons. In addition, the findings suggest that COPS grants have had no significant negative effect on violent and property crime rates in cities with less than 10,000 population. Policy Implications: The findings of this study imply that COPS program funding to medium‐ and large‐size cities has been an effective force in reducing both violent and property crime. Federal government grants made directly to law enforcement agencies to hire additional officers and promote innovations may be an effective way to reduce crime on a national scale.     

ALL OFFENDERS ARE EQUAL,BUT SOME ARE MORE EQUAL THAN OTHERS: VARIATION IN JOURNEYS TO CRIME BETWEEN OFFENDERS*

The results of this study reveal a major methodological problem with an established body of criminological literature—the journey to crime. The dominant finding of such research is that most crimes occur close to an offender's home. Consequently, journeys to crime typically display a distance-decay function that is assumed to exist between and within offenders. However, most journey-to-crime studies use nested data—individual offenders contributing multiple crime trips—yet employ analytic methods that fail to account for this property, leading to inference and aggregation concerns. In the study outlined in this article, we demonstrated the implications of using nested data for analyzing the journey to crime. We showed that once controlling for nesting, only a few (prolific) offenders display a distance decay pattern. Implications of the findings for theory and future research are discussed.     

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.     

Exploratory spatial analysis of crimes against property in Turkey

Turkey, a rapidly developing country, is a junction point between Asia and Europe in terms of its social and economic structure. Turkey is both the most advanced economy in the Turkish-speaking world and the largest economy in the Muslim world. In the last few years, with the development of Turkey’s economic and social structure, the level of criminality in the country has attracted attention. Consequently, we aimed to explore potential spatial associations of crimes against property rates across the 81 provinces of Turkey (NUTS3) from 1997 to 2009. Geographical information systems and explorative methods of spatial data analysis were employed in the analyses of crime rates. Since crime is a phenomenon that arises from the interaction between social, economic, psychological circumstances and, especially, geographical factors, this study attempts to rectify the possible deficiencies of traditional statistical analyses of geography. Because of the very different population sizes in each province, comparing the volume of crimes makes a major impact on the stability of the crime rates; therefore in this study an empirical Bayes smoothing method was used to interpret the crime rates correctly. Global spatial autocorrelation indices were used to test the spatial dependence of the distribution of the crime rates. Besides the excess risk rates, local spatial autocorrelation methods were used to detect and interpret the clustering of crime rates. In order to model the crime rates, a set of socioeconomic parameters (migration rates by province, gross national product according to purchasing power parity by province, registered number of touristic facilities and number of rooms by province, electricity consumption statistics, provincial unemployment rates and urbanisation index values were handled with geographically weighted regression. According to the results, criminal activities were non-random in terms of time and space. Property crime, except for smuggling, is densely clustered in the west and south-west of Turkey. The present study demonstrates the utility of spatial analysis and geographically weighted regression to detect some important geographical dimensions and crucial geographical aspects of property crimes in Turkey.     

A REEXAMINATION OF THE ETIOLOGY OF URBAN CRIME

Ecological analysis of crime rates has been a traditionally important approach to analyzing the causes of crime. Over the years, this approach has profited from the use of increasingly sophisticated data analysis techniques. A recent article in this journal on intracity crime rates offered such an analytic refinement—with the discovery of similar curvilinear relationships between both personal and property crime and customary socioeconomic predictors Such a finding for both types of crime is quite different from the results indicated in previous research. The present article reexamines comparable data on urban crime, adding further statistical and theory-based refinements to the analysis The results here show distinctive relationships for property and personal crime. This paper serves, then, to integrate careful empirical analysis into available criminogenic theory and into the conventional wisdom of ecological research.     

ARE UNIFORM CRIME REPORTS A VALID INDICATOR OF THE INDEX CRIMES? AN AFFIRMATIVE ANSWER WITH MINOR QUALIFICATIONS*

For more than two decades, the validity and reliability of official statistics on crime have been treated as highly questionable. Recently a number of studies have investigated the construction of official statistics on crime and issues related to their reliability and validity. However, there has been no recent attempt to bring together and evaluate these studies; thus, we do not know what official statistics mean and how we should interpret them. In the present paper it is argued that it is now possible to develop an understanding of what official statistics measure. It appears that both citizens and the police are in general agreement about what a serious crime is: it involves bodily injury (or serious threat of bodily injury), the property stolen is of high value, the act is committed by a stranger, or it involves breaking and entering. The authors argue that the perceived seriousness of the crime, first and primarily as defined by the victim, second as determined by the police, apparently accounts for most of the variance in whether a crime is reported and officially recorded; personal characteristics of the offender and victim have only minor effects. It is concluded that the Uniform Crime Reports (UCR), as measured by the FBI Index of Crime, are valid indicators of serious crimes as defined by the citizenry. The evidence supporting this conclusion is very substantial with regard to motor vehicle theft, robbery, burglary, and homicide, while with larceny, rape, and aggravated assault, the evidence supporting this conclusion is substantial but does require the interpretation of conflicting evidence.     

Trends in Police-recorded Offences

This article presents 10-year trends (1998–2007) on some common crimes: homicide, assault, rape, robbery, car theft, domestic burglary and drug offences. In addition, a few less common offences in police statistics, such as money laundering, corruption, offences against computer data and systems are discussed, even though trends of these crimes are not available. Trends are shown from Western, Central and Eastern Europe, where significant sociopolitical changes have occurred. Although police data actually describes more the recording practices of the officials than the amount of crime, police data is highly valuable for research purposes. Most countries continuously collect information about police activity, and the police is mostly the starting point for proceeding with a case in the criminal justice system. In the USA, all common offences recorded by the police have decreased during the recent years. In Europe, property crimes, homicide and robbery have decreased in most countries, but violence and drug crimes have increased. According to the crime victim surveys, the increase in assault cannot be explained by the increasing reporting activity of victims; the increase seems real. The level of crime differs considerably in different areas: for instance, homicide is most common in Eastern Europe, but assault is much higher in Western Europe.     

THE NEGLECTED SITUATION: A CROSSNATIONAL STUDY OF THE SITUATIONAL CHARACTERISTICS OF CRIME*

Although it is generally recognized in the social sciences that the “situation” is indispensable for understanding behavior, thus far criminologists have not devoted systematic attention to situational analysis. This paper contributes to the development of a situational perspective on crime by defining the concept of situation, developing four hypotheses about the situational characteristics of selected personal contact crimes, and then testing those hypotheses using victimization survey data from the United States and Venezuela. The research shows that coercive crimes are less situationally clustered than noncoercive crimes and that instrumental crimes are more situationally clustered than character crimes. Despite tremendous differences in crime rates for the two countries, substantial similarity is found in situational crime patterns. The implications of the research for criminological theory are discussed.     

A Criticism of the International Harm Principle

According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a ‘widespread or systematic attack’ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry May’s International Harm Principle, which states that crimes against humanity are those that somehow ‘harm humanity.’ I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with May’s account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability.     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

Comparing Discourse to Officer Perceptions: The Problems of War and Militarization in Wildlife Crime Enforcement

‘War’ has become a common model and metaphor for biodiversity conservation in Africa. By discussing the specific challenges of wildlife crime enforcement in Uganda, this article challenges the ‘war on wildlife crime’ discourse. It concludes that in the context of Uganda, the discourse is profoundly unhelpful because of a lack of alignment between the problems highlighted by Ugandan law enforcement officers interviewed and the solutions typically favoured in the ‘wars on crime’. Most wildlife crimes are subsistence-driven and interviewees’ requests are for basic equipment and conventional capacity building. Findings demonstrate that the language of war, militarization and securitization should be used with caution as it risks constructing an image of wildlife crime that is misleading—and one that prevents responses that are effective in the long term.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

University students’ support to penalty enhancement for hate crime

Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.