操纵证券交易价格犯罪行为研究——以“徐工科技”股票操纵案为范例的解构

在我国新兴的证券市场中,市场操纵现象非常普遍。造成操纵行为横行的一个重要原因是,这种犯罪隐蔽性很高,监管者监管、侦查手段落后,无法及时发现。本文以“徐工科技”股票操纵案为范例进行解构,以期学界对此有进一步的认识。     

An autoethnography of hunting

To better understand why we do harm by killing and eating nonhuman animals, we engaged in autoethnography. We used reflections on our harmful behavior to understand harmful behavior more generally. Our method first and foremost was to be as honest as we know how to be. The process of reflecting on our behavior had us moving through a series of questions that organize the essay. We also referred to scholarly literature on violence and on hunting to challenge our thoughts. In this way we arrived at insights on aspects of doing harm, including the role of positioning the target in a certain way; not thinking about the harm and the institutional supports for not thinking; the particular lure of power through killing; and the problematic indictment of hunting by meat-eaters.     

A novel hunting accident. Discharge of a firearm by a hunting dog

The authors report the case of a 21-year-old man who was killed while duck hunting when a shotgun accidentally discharged, shooting him in the head. The loaded weapon, which had been lying on the ground with the safety off and the muzzle pointed toward a river a few feet away, discharged when a hunting dog stepped on the trigger. Scene investigation confirmed that the victim had been standing in the river, planting decoys, with his head approximately level with the adjacent bank. Autopsy examination and ballistic testing confirmed a range of fire consistent with the witness' statements. Examination of the weapon in question documented a light trigger pull but no mechanical defects. The authors review the epidemiology and causality of hunting accidents and discuss the various safety rules that were violated in this highly unusual case. The importance of a complete death investigation, including autopsy, when dealing with a firearm death is emphasized.     

Gender disparity in criminal offenses among persons of high IQ

Criminologists have largely neglected deviance among those with high IQs. This work uses Towers's (1988) concept of conventional genius to analyze how deviant behavior varies by gender among genius offenders. Like Bisi (2002), the authors expect female patterns of deviance to be lower than that for males even within this genius sample. Their work finds that male geniuses are significantly more likely to self-report ever having committed violent felonies. Among the authors' conventional genius sample of university students, gender differences in nonviolent felonies, misdemeanor offenses, and unethical behaviors are not significantly different between the female and male respondents.     

Claims of amnesia for criminal offenses: psychopathology, substance abuse, and malingering

The forensic psychiatric examiner often encounters defendants who deny memory for their offense. Past research proposes a variety of factors to account for offense amnesia. To date there have been few systematic studies of offense amnesia in relation to psychiatric diagnosis, either alone or in combination with other known factors such as substance use and malingering. We studied 53 pretrial felony defendants who had been referred for psychiatric examination; 40% claimed amnesia for their offense. Examinees with psychotic disorders in general, and schizophrenia in particular, were relatively less likely to claim amnesia than were examinees with other diagnoses. Substance use at the time of the offense and associated substance use disorder diagnoses were positively associated with offense amnesia. Malingering diagnosed by general clinical criteria was a poor predictor of amnesia claims. These data suggests that two prominent reasons for referral for forensic psychiatric evaluation include the presence of psychotic symptoms and claims of amnesia for the offense.     

The use of pornography during the commission of sexual offenses

The goal of this study was to examine the use of pornographic materials by sex offenders during the commission of their crimes. A sample of 561 sex offenders was examined. There were 181 offenders against children, 144 offenders against adults, 223 incest offenders, 8 exhibitionists, and 5 miscellaneous cases. All but four cases were men. A total of 96 (17%) offenders had used pornography at the time of their offenses. More offenders against children than against adults used pornography in the offenses. Of the users, 55% showed pornographic materials to their victims and 36% took pictures, mostly of child victims. Nine cases were involved in the distribution of pornography. Results showed that pornography plays only a minor role in the commission of sexual offenses, however the current findings raise a major concern that pornography use in the commission of sexual crimes primarily involved child victims.     

Process-related and criminalistic problems of forensic medicine experts in criminal offenses

The Stockholm Syndrome seems to be an automatic, probably unconscious emotional response to the traumatic experience of being a victim. It affects hostage and hostage-taker alike and serves to unite both, being victims of the siege environment, against outsiders. This positive emotional bond between victim and subject is a defense mechanism of the ego under stress. The priority in dealing with hostage situations is the survival of all participants. The Stockholm Syndrome may save the life of victim and subject alike, as it reduces the subjects tendency towards violence and thus the possible necessity for a seizure by the security forces.     

Legislative note: the abolition of the death penalty for drug offenses in The Gambia

The Gambia, the smallest mainland country in Africa, is increasingly a transit point for illicit drug traffic between Latin America and Europe. As part of President Yayeh Jammeh’s attempts to crack down on this drug trade, in October 2010 the Gambian legislature passed a mandatory sentence of death for drug trafficking for persons possessing more than 250 grams of cocaine or heroin. The law was not constitutionally operable, however, because of Article 18(2) of the Gambian constitution, which forbids the death penalty for crimes other than aggravated or premeditated murder. Consequently, the death penalty for drug trafficking was abolished in April 2011.     

Clinical and social characteristics of persons accused of committing sexual offenses

The results of clinical statistical examination of 1.405 men responsible for sexual offences are presented. On the basis of the results obtained some data are given (which were unknown before) concerning unlawful sexual behaviour of subjects with psychic pathology, frequency and character of sexual offences in the given population; then the effect of alcoholisation and general recidivation of crimes is specified and stressed; most criminogenic social and clinical groups are singled out; and knowledge on distribution and representation of sexual pathology (perversion) in nosologic groups and in practical work of forensic psychiatrists is outlined and supplemented.     

Results of forensic medicine victim/perpetrator studies following sex offenses

39.1% of all clinical examinations performed at the institute for legal medicine in Hannover during a period of 9 years were carried out after sexual assault (229 out of 585 cases between 1979-1987). In 74.4% of all women extragenital injuries and in 26.2% of the cases genital lesions could be observed. Vaginal swabs showed sperm at a rate of 44%; spermatozoa could be observed at a maximum delay between assault and examination of 36 hours. Three male victims of sexual assaults and 37 male defendants were examined. On male victim presented superficial lesions of the anus. In 27 penis swabs there could be found spermatozoa (4x), vaginal epithelia (2x) and red blood cells (1x; after intercourse during menstruation).     

Joinder of criminal offenses: A review of the legal and psychological literature

Criminal courts routinely allow a defendant to be tried for multiple charges in a single trial. The practice is known as joinder of offenses. The issue of joinder of offenses is examined from a legal and psychological perspective. Relevant court decisions and their implications are discussed. In addition, the recent research conducted by social scientists concerning the possible reasons for the prejudicial effects of joinder of offenses is critically reviewed. Suggestions are offered, based upon previous joinder research, for the direction of future research into the loci of the effect and into potential remedies.This paper is an elaboration of one presented at the annual meeting of the Academy of Criminal Justice Sciences, Chicago, March 1984.     

Perceptually contemporaneous offenses: Gender and fear of crime among African-American university students

There is consensus in the fear of crime literature that women are more afraid of crime than men. Research has explored perceptually contemporaneous offenses to explain the differences in male and female fear, and to explore the possibility that different crimes shape their respective fears. Victimization studies consistently find that African-American citizens are at a higher risk of crime and fear of crime. Using a 2013 sample of a Historically Black Colleges and Universities (HBCU) in the south, the present study will 1) report gender differences in fear of crime, 2) test whether gender differences in fear of crime are explained by perceptually contemporaneous offenses, and 3) assess whether or not men and women share the same master offenses.     

Location,location, location: Interdistrict and intercircuit variation in sentencing outcomes for federal drug-trafficking offenses

Research on sentencing has made clear that factors beyond case and offenders' attributes influence court decisions. Environmental and procedural characteristics also significantly affect the sentences of criminal courts. Yet, while state-level studies regularly control for such factors, most research on modern federal determinate sentencing has neglected jurisdictional attributes and variation as sources of extralegal sentence disparity. Using the organizational context and social worlds theoretical perspectives with a multilevel analytical approach, this study assessed how district and circuit of adjudication affect case-level lengths of sentences for federal drug-trafficking offenses, finding that both significantly affect sentencing outcomes and their predictors.     

Some samples of weapons and instruments used as weapon in criminal offenses in Turkey

The variety of instruments used for crime of violence is wide. Besides the manufactured legal weapons, there are comparable numbers of purchased instruments, which are used as lethal weapons and significant numbers of comprising home-made ones.The instruments used during the commission of a crime shows similarity throughout the countries. Nevertheless, there are small differences to be seen.The topic of this subject features the types of weapons used in criminal offenses in Turkey.