身份犯类型的学理探讨

身份犯是刑法中明文规定的由具有特定身份的犯罪主体进行的一类犯罪。根据主体身份对共同犯罪的刑事责任的影响 ,可以将身份犯分为纯正身份犯与不纯正身份犯 ;根据主体身份的形成原因 ,可以将身份犯分为自然身份犯与法定身份犯 ;根据主体身份的确定程度 ,可以将身份犯分为定式身份犯与不定式身份犯 ;根据刑法中规定的身份犯的犯罪构成要件的内容是否要求具有特定身份之主体去亲自实施 ,可以将身份犯划分为排他性身份犯和非排他性身份犯。     

Modeling Micro-Level Crime Location Choice: Application of the Discrete Choice Framework to Crime at Places

Discrete choice recently emerged as a new framework for analyzing criminal location decisions, but has thus far only been used to study the choice amongst large areas like census tracts. Because offenders also make target selection decisions at much lower levels of spatial aggregation, the present study analyzes the location choices of offenders at detailed spatial resolutions: the average unit of analysis is an area of only 18 residential units and 40 residents. This article reviews the discrete choice and spatial choice literature, justifies the use of geographic units this small, and argues that because small spatial units depend strongly on their environment, models are needed that take into account spatial interdependence. To illustrate these points, burglary location choice data from the Netherlands are analyzed with discrete choice models, including the spatial competition model.     

More Places than Crimes: Implications for Evaluating the Law of Crime Concentration at Place

Objectives

The crime and place literature lacks a standard methodology for measuring and reporting crime concentration. We suggest that crime concentration be reported with the Lorenz curve and summarized with the Gini coefficient, and we propose generalized versions of the Lorenz curve and the Gini coefficient to correct for bias when crime data are sparse (i.e., fewer crimes than places).

Methods

The proposed generalizations are based on the principle that the observed crime concentration should not be compared with perfect equality, but with maximal equality given the data. The generalizations asymptotically approach the original Lorenz curve and the original Gini coefficient as the number of crimes approaches the number of spatial units.

Results

Using geocoded crime data on two types of crime in the city of The Hague, we show the differences between the original Lorenz curve and Gini coefficient and the generalized versions. We demonstrate that the generalizations provide a better representation of crime concentration in situations of sparse crime data, and that they improve comparisons of crime concentration if they are sparse.

Conclusions

Researchers are advised to use the generalized versions of the Lorenz curve and the Gini coefficient when reporting and summarizing crime concentration at places. When places outnumber crimes, the generalized versions better represent the underlying processes of crime concentration than the original versions. The generalized Lorenz curve, the Gini coefficient and its variance are easy to compute.

     

对犯罪既遂形态逻辑关系的梳理

犯罪既遂的表现形态一直是学术界争执不休的问题,尤其对行为犯、危险犯的属性定位,由于学者立论视角的不同更是众说纷纭.理论的纷争直接导致司法的困惑.因而,行为犯、结果犯、危险犯、实害犯、举动犯之间的逻辑关系,是学术界亟需厘清的问题.     

目的犯的犯罪形态研究

本文从目的犯的未完成形态 (包括预备犯、中止犯、未遂犯 )与完成形态 (既遂犯 )、目的犯的共犯形态、目的犯的罪数形态 (包括继续犯、转化犯 )等三个方面对目的犯进行了研究 ,提出了自己的观点。     

Crime Places in Context: An Illustration of the Multilevel Nature of Hot Spot Development

Objectives

The present study provides an illustration of a statistical test of the Brantinghams’ theory about the formation of hotspots and the effects that nodes, paths, and environmental backcloth have on their development.

Methods

We used multilevel Poisson regression analysis to explain variation in the count of incidents at each address. Place-level proximity to nodes and paths was measured by using the Euclidian distance from each location to the closest carry-out liquor store, on-premises drinking establishment, and bus route. The broader environmental backcloth was represented by various census block-group characteristics, including density of commercial land use. A three-way place-level interaction as well as a cross-level interaction involving all four key independent variables were used to estimate the Brantinghams’ concept of the overlay of nodes, paths, and backcloth.

Results

The three-way interaction involving the distance to the closest on-premises liquor establishment, the distance to closest carry-out liquor facility, and the distance to the closest bus route was significantly and negatively related to place-level crime incidents. This three-way interaction had effects which varied across neighborhood contexts, with stronger negative effects on crime occurring in neighborhoods characterized by high levels of commercial density.

Conclusion

This study supported the notion of a multilevel theory of crime places and has implications for more effectively addressing crime. In particular, those places with multiple nodes and paths in their proximal environments and dense commercial land within their broader environments likely need additional crime prevention measures to get the same benefit relative to places with multiple nodes and paths in the proximal environments yet little commercial density within their broader environment.

     

Understanding Drivers of Crime in East Baltimore: Resident Perceptions of Why Crime Persists

Urban neighborhoods are frequently associated with high rates of crime, unemployment, poor educational systems, poor housing conditions, and health related problems. Theories of social disorganization, social isolation, and broken windows all explain how and why social problems develop and persist within urban settings. Drawing on these theories, this study examines how residents perceive local community problems in an East Baltimore neighborhood. Eight focus groups were conducted with participants who live and/or work in the area to identify common neighborhood issues. Problems commonly identified were: the presence of physical disorder, issues related to crime and law enforcement, lack of employment opportunities, and limited youth activities. Embedded under many of these themes was the recognition that the neighborhood lacks collective efficacy to fix community problems and maintain social control. Implications for improving neighborhood disadvantage will be discussed.     

Temporal Patterns of Crime in Singapore

The authors abstracted and studied information from the Daily Crime Information for the crimes of armed robbery, sexual offenses, theft outside dwelling, theft of motor vehicles, theft of bicycles, theft in dwelling and housebreaking for the year 1975. Frequency by time of day and day of week were determined and analyzed for statistical significance. Long term trends of selected crimes were also calculated. The authors advance explanations for the observed patterns.

The limitations of classification, ambiguity in terminology, etc., made comparison with other countries difficult. Comparison could be made only with Korea and the U.S.A. in respect to the crimes of housebreaking and theft of motor vehicles.     

Bayesian Spatio-Temporal Modeling for Analysing Local Patterns of Crime Over Time at the Small-Area Level

Objectives

Explore Bayesian spatio-temporal methods to analyse local patterns of crime change over time at the small-area level through an application to property crime data in the Regional Municipality of York, Ontario, Canada.

Methods

This research represents the first application of Bayesian spatio-temporal modeling to crime trend analysis at a large map scale. The Bayesian model, fitted by Markov chain Monte Carlo simulation using WinBUGS, stabilized risk estimates in small (census dissemination) areas and controlled for spatial autocorrelation (through spatial random effects modeling), deprivation, and scarce data. It estimated (1) (linear) mean trend; (2) area-specific differential trends; and (3) (posterior) probabilities of area-specific differential trends differing from zero (i.e. away from the mean trend) for revealing locations of hot and cold spots.

Results

Property crime exhibited a declining mean trend across the study region from 2006 to 2007. Variation of area-specific trends was statistically significant, which was apparent from the map of (95 % credible interval) differential trends. Hot spots in the north and south west, and cold spots in the middle and east of the region were identified.

Conclusions

Bayesian spatio-temporal analysis contributes to a detailed understanding of small-area crime trends and risks. It estimates crime trend for each area as well as an overall mean trend. The new approach of identifying hot/cold spots through analysing and mapping probabilities of area-specific crime trends differing from the mean trend highlights specific locations where crime situation is deteriorating or improving over time. Future research should analyse trends over three or more periods (allowing for non-linear time trends) and associated (changing) local risk factors.     

The Unusual Victim: Understanding the Specific Crime Processes and Motivations for Elderly Sexual Homicide

Sexual homicides involving elderly victims are rare and unusual crimes, and research specifically focusing on these homicides is almost inexistent. The current study investigates the crime commission process as well as the motivations underlying elderly sexual homicides. The sample comes from the Sexual Homicide International Database (SHIelD) including sexual homicide cases from Canada and France. A total of 56 cases involving victims aged 65 years or more were compared with 513 cases involving victims aged between 16 and 45 years old. Bivariate analyses and two-step cluster analysis are performed. Findings show major differences in the crime commission process of the two groups of offenders. We also identified a four-cluster typology of elderly sexual homicide offenders based on their motivations (sexual, robber, sadistic, experimental). Although sexual homicides involving elderly victims are rare, these crimes are different, presenting specificities and should be studied as a group on its own.     

恐怖活动犯罪的理解与认定

恐怖活动古已有之,恐怖活动犯罪严重威胁国家安全、公共安全,严重扰乱社会秩序,严重侵犯公民人身、财产权利。2001年震惊世界的美国9．11事件后,国际社会加强了对恐怖主义犯罪的打击与防范,联合国安理会于2001年9月28日通过了针对恐怖主义犯罪的1373号决议,呼吁各国在防止和制止恐怖主义行为方面进行紧急合作,并对联合国各成员国的刑事立法提出要求。     

暴力袭警之刑法解读

"暴力袭警"本身并不是一个专门的法律术语,泛指一切暴力袭击人民警察的行为。由于近年来"暴力袭警"的事件日益增多,有为数不少的专家和学者建议在刑法中增设"袭警罪"。对于司法实践中出现的暴力袭警行为,现行刑法完全有可能对此进行规制,足以保护警察不受伤害。如果仅仅因为刑法对于暴力袭警的某些行为无法适用,害怕放纵罪犯,从而增设一新的罪名,其导致的是刑法罪名的虚置,浪费立法资源,也不符合刑法的谦抑性要求。     

Understanding Victim Support as Crime Prevention Work: The Construction of Young Victims and Villains in the Dominant Crime Victim Discourse in Sweden

Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains.     

The Involvement of Different Ethnic Groups in Various Types of Crime in the Netherlands

Various studies have shown that registered crime among non-western immigrant groups in the Netherlands is higher than among the average Dutch population. Little is known however concerning the differences in the nature of crime. The authors studied the degree to which various ethnic groups are represented in various types of officially registered criminal offenses and the degree to which the chance of being a suspect in specific types of crimes can be explained by demographic and socio-economic background characteristics of the person in question. The results show that there are clear differences among ethnic groups with respect to the relative share of various types of criminal offenses. Only a small part of the differences relate to ethnic origin; demographic and socio-economic background characteristics play a more important role. A large part of the explanation might be found in personal factors, coincidental circumstances or background characteristics not included in the model.