Investigating the uses of mobile phone evidence in China criminal proceedings

Data from mobile phones are regularly used in the investigation of crime and court proceedings. Previously published research has primarily addressed technical issues or provided operational manuals for using forensic science evidence, rather than analysing human factors and the implementation of forensic tools in investigation settings. Moreover, previous research has focused almost entirely on western countries, and there is a dearth of research into the uses of forensic evidence in China. In this study, a review was carried out of court sentencing documents referring to mobile phone evidence in China over the period 2013–2018. Automated content analysis was used to identify the specific evidence types utilised and the sentencing outcome for each case. Results show that mobile phone evidence was used in 3.3% of criminal proceedings. Among various data types mentioned in criminal proceedings, call records sustained as the most frequently used type of data. After which, instant messaging tools (e.g. WeChat) are an increasing proportion of all mobile phone evidence, from 1% in 2015 to 25% in 2018. For cases that utilised mobile phone data, the analysis of instant messaging and online transaction tools is routine, with little variation in the use of each application (WeChat, Alipay, QQ) for investigations of different types of crime. However, in the majority of criminal cases, mobile phone data function as subsidiary evidence and posed limited impacts on verdict reached. The current findings indicate that a large amount of mobile phone evidence was transformed into other evidence formats or filtered out directly before court proceedings.     

Do all the pieces matter? Assessing the reliability of law enforcement data sources for the network analysis of wire taps

Law enforcement agencies rely on data collected from wire taps to construct the organisational chart of criminal enterprises. Recently, a number of academics have also begun to utilise social network analysis to describe relations among criminals and understand the internal organisation of criminal groups. However, before drawing conclusions about the structure or the organisation of criminal groups, it is important to understand the limitations that selective samples such as wire taps may have on network analysis measures. Electronic surveillance data can be found in different kinds of court records and the selection of the data source is likely to influence the amount of missing information and, consequently, the results. This article discusses the impact that the selection of a specific data source for the social network analysis of criminal groups may have on centrality measures usually adopted in organised crime research to identify key players.     

Understanding the Structure of a Large Heroin Distribution Network: A Quantitative Analysis of Qualitative Data

An analysis is reported of 2,408 wiretap conversations gathered in the course of prosecuting a heroin dealing organization in New York City in the 1990s. The five-step analysis, which included a social network analysis of phone contacts, revealed a large, loosely structured group of 294 individuals, most of whom had very limited contacts with others in the group. The group’s active core comprised 38 individuals with extended contacts, little status differentiation and some task specialization. A smaller more tightly connected group of 22 individuals was somewhat independent of the remainder of the core and appeared to constitute a “communal business”. The existence was not confirmed of the large criminal conspiracy described by the prosecution that operated at all levels of trafficking and dealing, from wholesale distribution to street sales. Rather, it appeared that the 294 individuals comprised one segment of the heroin market in the city. However, the discrepancy could be due to the fact that the prosecution drew upon a wider set of information about the individuals concerned than provided by the wiretap data. The study supports recent analyses that see organized crimes, such as drug trafficking, as mostly the work of small groups of loosely linked entrepreneurs rather than large, highly structured criminal syndicates.

犯罪网络分析:社会网络分析在有组织犯罪研究中的应用

在刑事司法领域所使用的"网络"(networks)一词通常是指犯罪组织。一个犯罪网络首先也是一个社会网络,社会网络分析是对社会关系结构及其属性加以分析的一套规范和方法。它主要分析的是不同社会单位(个体、群体或社会)所构成的关系的结构及其属性。自美国"9.11事件"以来,世界各国政府、学者、媒体逐渐认识到社会网络分析在有组织犯罪防控研究中的重要作用,纷纷使用社会网络分析方法对恐怖主义犯罪等有组织犯罪进行犯罪网络分析、研究,通过解构犯罪组织,发现犯罪成员体系、结构特征与行动目标,从而对有组织犯罪进行有效预防和打击。我国应充分认识社会网络分析在现代有组织犯罪防控研究中的重要价值,全面了解国外有关理论与应用发展,积极采取政府资助项目研发与直接设立研究机构等多种手段,促进犯罪网络分析理论与方法在我国的迅速发展。     

Resilience of a corrupt police network: the first and second jokes in Queensland

Resilient organised crime groups survive and prosper despite law enforcement activity, criminal competition and market forces. Corrupt police networks, like any other crime network, must contain resiliency characteristics if they are to continue operation and avoid being closed down through detection and arrest of their members. This paper examines the resilience of a large corrupt police network, namely The Joke which operated in the Australian state of Queensland for a number of decades. The paper uses social network analysis tools to determine the resilient characteristics of the network. This paper also assumes that these characteristics will be different to those of mainstream organised crime groups because the police network operates within an established policing agency rather than as an independent entity hiding within the broader community.     

ON THE USE OF PANEL RESEARCH DESIGNS AND RANDOM EFFECTS MODELS TO INVESTIGATE STATIC AND DYNAMIC THEORIES OF CRIMINAL OFFENDING

There is a long-standing debate in criminology about the relative impact of static versus dynamic factors on criminal behavior. Researchers interested in estimating the impact of dynamic factors like prior offending or association with delinquent peers on criminal offending must control for static factors like intelligence, family background, or self-control, which could plausibly be correlated with criminal offending and the dynamic factor itself. Unfortunately, as a practical matter, it is not possible to observe all of these static factors. Statisticians and econometricians have shown that it is possible to identify the collective effect of static factors even though they cannot be observed. To achieve this objective, however, it is necessary to account for stable, unobserved individual characteristics through the use of "fixed-effect" or "random-effect" estimation. Criminologists often use random-effect estimators in these situations. We describe some of the assumptions that are necessary to develop valid inferences when time-varying covariates are used. Then, we use simulation evidence and an empirical application to show that bias can result when they are violated.     

Well-informed? Well Represented? Well Nigh Powerless? Victims and Prosecutorial Decision-making

This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. Besides exploring what rights victims have per se in criminal proceedings, analysis is provided as to what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems. A brief analysis of the effects these rights and the use of prosecutorial discretion has on victims is provided.     

Human capital and social capital in criminal networks: introduction to the special issue on the 7th Blankensee Colloquium

This essay and review on criminal network analysis provides an introduction to the special issue “Human Capital and Social Capital in Criminal Networks”. It traces the history of the application of network analysis in the study of organized crime since the early 1970s. It argues that while criminal network analysis has brought a new level of methodological rigor to the study of organized crime, a number of limitations have become apparent. These include the problem of missing data and the challenges encountered in adequately capturing latent structures, individual characteristics of network members and socio-ecological conditions.     

A study on the forensic mechanisms of VoIP attacks: Analysis and digital evidence

This paper discusses the use of communication technology to commit crimes, including crime facts and crime techniques. The analysis focuses on the security of voice over Internet protocol (VoIP), a prevention method against VoIP call attack and the attention points for setting up an Internet phone. The importance of digital evidence and digital forensics are emphasised. This paper provides the VoIP digital evidence forensics standard operating procedures (DEFSOP) to help police organisations and establishes an experimental platform to simulate phone calls, hacker attacks and forensic data. Finally, this paper provides a general discussion of a digital evidence strategy that includes VoIP for crime investigators who are interested in digital evidence forensics.     

Networks of organised black market labour in the building trade

The building industry is a sector characterised by a large number of opportunities to commit economic crime. In Sweden, the level of tax avoidance in the building trade is estimated to be substantial, and the use of black market labour extensive. This article focuses on the organised use of black market labour in the building industry, which may be described as a form of both economic and organised crime. To date only a very small number of criminological studies have examined the use of black market labour in this sector of the economy. The article focuses on two of the central roles found in the context of organised, black market labour: the “fixer” and the “criminal entrepreneur”. The fixer is an individual with expertise in the methods of economic crime. The criminal entrepreneur acts first and foremost as a link between a client and the manpower required by this client. In this paper, fixers and criminal entrepreneurs are studied on the basis of data from the Swedish Register of Suspected Offenders. The analysis shows that the networks of fixers and criminal entrepreneurs overlap one another to some extent. There are nonetheless a number of differences between the two groups and also between their respective networks. The networks of the fixers are larger than those of the criminal entrepreneurs, and the individuals that comprise the fixers’ networks are suspected in connection with much larger numbers of offences. The fixers more often commit offences together with others and also have larger numbers of suspected co-offenders than the criminal entrepreneurs. On the other hand, the criminal entrepreneurs are suspected of having maintained their ties to suspected co-offenders for longer periods of time than the fixers. The fixers appear to specialise in fraud and forgery offences, whereas motoring offences, smuggling and drug offences are more common among the criminal entrepreneurs. The networks are highly male-dominated and on balance they are comprised of much older individuals than those of traditional offenders. Many of the fixers and criminal entrepreneurs are suspected of committing offences with the same co-offender for a long period of time. Further out in the networks, co-offenders are replaced more often. Tax offences are very common in both types of network, both in those parts of the network that are close to the fixers and criminal entrepreneurs, and also in more distant parts of the networks. In the more distant parts of the networks, there is also an increase in the proportion of offences that individual network members are suspected of committing. Judging from the material examined in the current study, violent offences do not appear to be very common among either fixers or criminal entrepreneurs. The networks examined are largely comprised of individuals suspected of economic offences. These individuals are linked together with one another by means of direct and indirect contacts that produce semi-legal networks of individuals with knowledge of organised black market labour.

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

Co-offending between criminal enterprise groups

Rather than examining networks of individuals as prior research has done, this study systematically examines the structure and composition of co-offending among types of criminal enterprise groups. Using social network analysis, the authors show that different types of crime groups tend to have unique co-offending patterns as measured by network composition and structure. The results also support the countercurrent of criminologists who suggest that ethnically derived categories may be misleading when trying to classify criminal enterprise groups.     

手机短信骚扰的法律思考

绝大部分手机用户都有被短信骚扰的经历,这种骚扰让人不堪忍受。短信骚扰属于违法行为,既违反了《消费者权益保护法》,也侵犯了公民的隐私权。为了保护手机用户的权益,应严格禁止群发短信广告,加强对个人资料的法律保护,明确短信骚扰的民事责任,理清举证责任。     

移动电话“靓号”应成为盗窃罪的犯罪对象——全国首例“靓号黑客案”的物权法解读

全国首例“靓号黑客案”二审判定移动电话“靓号”不属于刑法上的财物范畴,从而否定其成为盗窃罪的犯罪对象。这是二审法院受刑法学理论界关于盗窃罪犯罪对象的“有体性说”错误指导的结果。“有体性说”的错误根源在于对民法中无体物与有体物相区分理论的错误理解。我国刑事司法实务界应该主动舍弃“有体性说”,并应从盗窃罪犯罪对象的几个基本特征入手,认定移动电话“靓号”可以成为盗窃罪的犯罪对象。     

DOES IMPRISONMENT ALTER THE LIFE COURSE? EVIDENCE ON CRIME AND EMPLOYMENT FROM A NATURAL EXPERIMENT

Ex‐prisoners consistently manifest high rates of criminal recidivism and unemployment. Existing explanations for these poor outcomes emphasize the stigmatizing effects of imprisonment on prisoners seeking postrelease employment as well as the deleterious effects of imprisonment on prisoners’ attitudes and capabilities. However, these explanations must be distinguished from selection effects in the criminal sentencing process, which also could explain some or all of these poor outcomes. To distinguish between criminogenic and selection explanations for ex‐prisoners’ postrelease experience, I analyze data from a natural experiment in which criminal cases were assigned randomly to judges with sizable sentencing disparities. Using these exogenous sentencing disparities, I produce unbiased estimates of the causal effects of imprisonment on the life course. The results of this analysis suggest that selection effects could be sufficiently large to account for prisoners’ poor postrelease outcomes because judges with large sentencing disparities in their use of imprisonment had similarly high caseload unemployment and criminal recidivism rates.     

Making the second step before the first: Assessing organized crime

The debate on organized crime has shifted from the question of “myth or reality?” to efforts to come to an assessment of the nature and extent of organized crime. This paper discusses the possibilities and limits of such an endeavor in the case of Germany. A meaningful assessment requires linking the concept of organized crime to clearly defined empirical referents, having a thorough understanding of their dynamics and interrelations, and obtaining valid and reliable data. It is argued that these requirements cannot be met given the present paucity in theory and data. From the available aggregate data contained in the official crime statistics and annual situation reports on organized crime drawn up by the federal police agency BKA no overall trends are discernible. Where trends are identifiable, they mostly pertain not to patterns of criminal cooperation but to contextual factors. In contrast, the analysis of individual cases may serve to shed some light on the situation of organized crime, provided they are put in perspective with a differentiated conceptualization. A four-fold typology of criminal networks based on differences in the social embeddedness of criminal actors suggests that the seriousness of the problem may depend on the likelihood of the manipulation of relevant decision-making processes. Germany is not characterized by alliances between underworld and upperworld, but the existence of criminal networks within the upperworld gives grounds for concern.     

Footwear-to-feet examination and analysis: Comparing worn footwear to persons and human remains

Footwear-to-feet examination and analysis refers to the process of examining and analyzing footwear in regard to criminal matters. This examination and analysis has been done to include or exclude an individual as the wearer of the footwear in question and to help associate or disassociate human remains to footwear. This review of the subject describes its investigative applications, the research that underpins the process, and considers its legal admissibility. The process of footwear-to-feet examination and analysis is scientifically valid and has been widely accepted. As a result, law enforcement and forensic scientists should be aware of the use of this process to assist in criminal investigations.     

Friends with(out) benefits: co-offending and re-arrest

Research shows that co-offending has contradictory effects on rates of re-arrest. On the one hand, group offending may be riskier: for example, co-offenders might be targeted by police or might snitch to protect themselves. Criminal networks may also have indirect effects: offenders embedded in criminal networks commit more offences and thus should have a higher risk of being arrested at some point. On the other hand, networks generate steady criminal opportunities with relatively low risk of arrest and high monetary benefits (e.g. drug trafficking). Few authors have empirically explored the relation between co-offending and re-arrest. This article does so using data from seven years of arrest records in the province of Quebec, Canada. The analysis is designed to explore why some offenders are re-arrested after an initial arrest while others are not. It focuses on the factors involved in re-arrest, considering two distinct levels of measures of co-offending. The first level of analysis takes into account a situational measure that indicates whether a given offence was committed by co-offenders (group offence). The second level is used to examine whether being part of a criminal network influences re-arrest. For offenders embedded in such networks, two network features (degree centrality and clustering coefficient) show that the global position of individuals within the Quebec arrest network are analysed. Our results suggest that co-offending is a crucial factor that should be taken into account when looking at the odds of being caught again. The use of generalised linear mixed model brings interesting nuances about the impact of co-offending. The article adds to the recently growing literature on the link between networks and criminal careers.