国际恐怖主义与国家自卫

国际恐怖主义的共同特征是 :行为关涉两个或两个以上国家 ;目标具有明确政治性 ,指向外国国家 ;主体多元 ,既有个人也有国家。国际恐怖主义属国际犯罪。国家对国际恐怖主义可以行使自卫 ,但必须有充分理由证明国际恐怖主义是由一个国家实施的或在国家支持下进行的。美国对阿富汗的军事行动可认为是自卫。     

Fraud: The Characteristic Crime of the Twenty-First Century

In the same way that larceny characterized much of twentieth century, fraud will likely characterize the twenty-first century. Larceny remains the most common oi all serious crimes, but fraud may overtake larceny as the crime of choice in the future, because of changes in our ownership, storage, and movement of property. Fraud involves purposely obtaining the property of another through deception, and its popularity as a crime of choice is growing. Entrusting property to the custody oi others, storing property at remote locations, and electronic movement of property are shown to be major changes in the way we treat property and increase opportunities for theft. The connection between fraud and many of the serious crimes of the twenty-first century are shown in the facts of recent cases. The motivation of thefl behind many frauds is also shown to be used to fund larger criminal objectives, such as illegal immigration and terrorism. The points of view expressed are those of the author and do not necessarily reflect the position or policies of the U.S. Department of Justice. Dr. Albanese is chief of the International Center at NIJ on leave from his position as professor of Government and Public Affairs at Virginia Commonwealth University.     

SOCIAL CONCERN AND CRIME: MOVING BEYOND THE ASSUMPTION OF SIMPLE SELF‐INTEREST

Most leading crime theories and crime‐control policies are based on the assumption that people are self‐interested. But recent work in a variety of fields has challenged this assumption, suggesting that people are both self‐interested and socially concerned. Social concern involves biologically based inclinations that sometimes lead people to give more consideration to others than to their own interests. These inclinations include caring about others, forming close ties to and cooperating with others, following certain moral intuitions, and conforming. This article describes the nature of and evidence for social concern, as well as the ways in which social factors shape social concern. The article then presents a theory of social concern and crime. Social concern has direct, indirect, mediating, and conditioning effects on crime. Although social concern generally reduces the likelihood of crime, it has little effect on or increases crime under certain conditions.     

恐怖犯罪中的推定

恐怖犯罪属于故意犯罪,按照我国法律规定,故意犯罪必须证明犯罪嫌疑人主观上具有明知、故意或目的,而明知、故意、目的属于内部证明对象,很难用证据证明。为了依法打击恐怖犯罪,必须借助推定的方法,根据犯罪嫌疑人携带的物品、接近的地点、是否受过恐怖组织培训等因素,综合推定其是否意图实施恐怖犯罪。     

Cyber terrorism challenges: The need for a global response to a multi-jurisdictional crime

With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism” at the present time, many international organisations have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks; they require a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Without the aid of international organisations, it is difficult to prevent cyber terrorism. At the same time, international organisations determine which state court, or international court, has the authority to settle a dispute. The objective of this paper is to analyse and review the effectiveness and sufficiency of the current global responses to cyber terrorism through the exercise of international jurisdiction. This article also touches upon the notion of cyber terrorism as a transnational crime and an international threat; thus, national regulations alone cannot prevent it. The need for an international organisation to prevent and defend nations from cyber terrorism attacks is pressing. This paper finds that, as cyber terrorism is a transnational crime, it should be subjected to universal jurisdiction through multinational cooperation, and this would be the most suitable method to counter future transnational crimes such as cyber terrorism.     

“Shaping history” or “Riding the wave”?: President Bush's influence on the public opinion of terrorism, homeland security, & crime

The theory of presidential influence over public opinion is used to predict the impact of presidential rhetoric on the public's concern for terrorism, homeland security, and crime as the “most important problems facing the country.” Using OLS time-series regression, the authors find consistent results that President Bush influenced public opinion in relation to terrorism, homeland security and crime, despite the overwhelming events of September 11th and its impact. The article concludes by discussing the president's ability to shape events and how some events shape the presidency.     

RELIGION,ATTRIBUTION STYLE,AND PUNITIVENESS TOWARD JUVENILE OFFENDERS*

A growing body of research shows that adherents to conservative Christian beliefs are more punitive than others in their response to crime. A frequently offered but still untested explanation is that such beliefs promote a dispositional attribution style—the idea that crime results from the offender's character, not from unfortunate or unjust environmental influences. With punitiveness toward juvenile offenders as the dependent variable, the present study directly tests the hypothesis that a tendency to attribute crime to dispositional factors is the intervening variable linking conservative religious beliefs to punitiveness. The analysis provides strong support for the hypothesis.     

Methods and motives: Exploring links between transnational organized crime and international terrorism

The nexus with transnational organized crime is increasingly a focus for security planners in their analyses of terror groups. Their approach is best described by the phrase “methods, not motives.” While the motives of terrorists and organized criminals remain divergent most often, our research indicates this is not always the case. For that reason, this report argues that such a general approach has become too restrictive and can be misleading since the interaction between terrorism and organized crime is growing deeper and more complex all the time. In short, the lines of separation are no longer unequivocal. The report analyzes the relationship between international organized crime and terrorism in a systematic way in order to highlight the shortcomings of the “methods, not motives” argument. In so doing, the report considers the factors that most closely correspond to crime-terror interaction and identifies those regions of developed and developing states most likely to foster such interactions. Likewise, the paper will suggest an evolutionary spectrum of crime-terror interactions that serves as a common basis for discussion of such often used terms as “nexus.” The centerpiece of the report is a groundbreaking methodology for analysts and investigators to overcome this growing complexity, identify crime-terror interactions more quickly and to assess their importance with confidence. The approach is derived from a standard intelligence analytical framework, and has already proven its utility in law enforcement investigations. The report is the product of a recently concluded and peer-reviewed 18-month NIJ sponsored research project, and includes empirical evidence drawn from numerous case studies developed in the course of the research program. This project was supported by Grant No. 2003-IJ-CX-1019 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the US Department of Justice. Research assistance on this project was provided by Allison Irby, Douglas M. Hart, Patricia A. Craig-Hart, Dr. Phil Williams, Steven Simon, Nabi Abdullaev, and Bartosz Stanislawski. Drafting and editing help was provided by Laura Covill.     

巨额财产来源不明罪主体范围探究

无论是刑法理论界还是实务界,一般认为巨额财产来源不明罪的主体是国家工作人员。这种几成通说的观点事实上是大可质疑的。易言之,并不是所有而只能是一部分具有刑法意义的国家工作人员才能成为巨额财产来源不明罪的主体。此外,离退休的国家工作人员及国家工作人员的亲属能否成为巨额财产来源不明罪的主体,也应根据不同的情况作具体分析。     

略论反恐多边条约的国内实施

国际恐怖(主义)犯罪是目前日炽的一种国际犯罪,国际社会非常重视对恐怖(主义)犯罪的惩治、预防和打击,缔结了一系列反恐多边条约。反恐多边条约的实施主要是缔约国的实施(即国内层面上的实施),可以分为直接实施和间接实施两种模式。反恐多边条约的国内实施于惩治和预防国际恐怖主义犯罪发挥了重要作用。反恐多边条约在我国得到了很好的实施,但在实施过程中仍存在某些弊端或不足,亟须完善,关键是要尽快制定一部专门的反恐特别法。     

The phantom and threat of organized crime

Organized crime is often perceived in terms of extended, hierarchical crime “families” that extend not only their activities but also their authority structures across national boundaries. However accurate such a view may or may not have been in the United States, where it originated, evidence from a Dutch survey of organized crime enterprises reveals a different picture. For organized crime in northwestern Europe, it is more helpful to think of crime markets of two kinds: those in which the goods and services are themselves forbidden, and those in which legal goods and services are handled in illegal ways. Case studies of the drug trade, and of organized crime in the business realm, offer a detailed look at these two kinds of markets. The evidence suggests that while organized crime enterprises conduct trade across national boundaries, they do not constitute an international authority structure. Crime entrepreneurs constitute a challenge, not to the basic structure of society itself, but rather a more subtle kind of challenge to basic values and morals, particularly when criminal enterprise is linked to power at higher levels of society.     

The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon

The Special Tribunal for Lebanon (STL) represents a sui generisinternational tribunal on various levels. It is the first timea treaty-based Tribunal has been established through a resolutionof the Security Council adopted under Chapter VII. A furtherunique feature is its sole dependence on domestic substantivecrimes. The attempt to include crimes against humanity in theStatute did not succeed, despite the fact that the elementsof a crime against humanity seem to be discernable in the conductthat falls within the jurisdiction of the STL. References tointernational and regional terrorism instruments, such as theArab Convention for the Suppression of Terrorism, were alsoabandoned. The Tribunal will rely on Lebanese criminal provisionsregarding terrorism, illicit associations, crimes and offencesagainst life and personal integrity. Lebanese law provides anold but concrete definition of terrorism. This raises the questionof whether the Lebanese definition, with its strengths and weaknesses,could assist in the evolution of a well-structured definitionof international terrorism. The possibility of ‘internationalizing’the Lebanese definition will depend on two factors: the judges’approach in adopting the Tribunal's rules of evidence and procedure,and then more importantly their creativity in developing thejurisprudence of the Tribunal.     

Eyewitness Lineups: Is the Appearance-Change Instruction a Good Idea?

The Department of Justice's Guide for lineups recommends warning eyewitnesses that the culprit's appearance might have changed since the time of the crime. This appearance-change instruction (ACI) has never been empirically tested. A video crime with four culprits was viewed by 289 participants who then attempted to identify the culprits from four 6-person arrays that either included or did not include the culprit. Participants either received the ACI or not and all were warned that the culprit might or might not be in the arrays. The culprits varied in how much their appearance changed from the video to their lineup arrays, but the ACI did not improve identification decisions for any of the lineups. Collapsed over the four culprits, the ACI increased false alarms and filler identifications but did not increase culprit identifications. The ACI reduced confidence and increased response latency. Two processes that could account for these results are discussed, namely a decision criterion shift and a general increase in ecphoric similarity.     

Fear of terrorism: media exposure and subjective fear of attack

In many Western countries, citizen knowledge of terrorist events is intrinsically shaped by the style of broadcasted messages published by the media. Media discourses regarding terrorist acts raise questions about how such rhetoric elicits fear in people who typically experience such events through news reports. However, we do not fully understand the impact of the media on perceptions of terrorism as clearly as we understand the relationship between the media and fear of crime. This study examines how media sources accessed actively (e.g. through newspapers; Internet) or passively (e.g. through television; radio) influence knowledge and fear of terrorism. We find receiving information about terrorism from multiple media sources increases fear of terrorism, but media sources accessed passively are not as influential as media sources accessed more actively. These results highlight how media consumption from various sources may affect one’s fear of terrorism, and further illustrates how the role of perceived knowledge may exacerbate or mitigate fear. Implications for policy and practice are discussed.     

恐怖主义犯罪原因研析——兼论恐怖主义犯罪研究的方法论

恐怖主义犯罪是为实现一定的政治目的,通过暴力或暴力威胁以及其他非暴力手段制造社会恐怖,侵害他人生命财产的犯罪行为。其在犯罪主体、动机、目的、行为等方面都具有自己的特点,因而不能用传统的个体论的方法探究其产生的根源,而必须将之作为一种犯罪现象从宏观的角度用整体论的方法去研究。作者借鉴著名犯罪学家迪姆凯尔和默顿的犯罪学理论,通过对恐怖主义犯罪现象进行分析,认为恐怖主义犯罪的原因在于各特定社会的文化目标的冲突以及对制度化手段的不同选择。因而只有尊重各种文明的独特性,协调它们的冲突,才是治理恐怖主义犯罪的根本策略。     

Psychological proximity and the construal of crime: A commentary on ‘Mapping fear of crime as a context‐dependent everyday experience that varies in space and time’

Fear of crime is a dynamic psychosocial phenomenon, and sophisticated methodologies are necessary in order to explore its multidimensionality and complexity. The experience sampling method (ESM) that is used by Solymosi and colleagues (2015) is a promising methodological way forward in fear of crime research. While acknowledging the advantages of ESM, in this commentary we discuss a potential disadvantage of the method, namely the possibility that ESM can increase the psychological proximity of crime. Drawing upon construal‐level theory of psychological distance, we argue that ESM might sensitize people to think about crime through the lens of personal risk, with a knock‐on effect on the construal of crime.     

PARTICIPATION IN CRIME PARTNERSHIPS BY FEMALE DRUG USERS: THE EFFECTS OF DOMESTIC ARRANGEMENTS,DRUG USE,AND CRIMINAL INVOLVEMENT*

Research findings on the crime patterns of women suggest that social changes in gender roles are associated with increased female criminality. Some researchers note that the increasing participation of women in established criminal organizations increases female crime levels in general, Other researchers demonstrate that involvement with deviant boyfriends or husbands in particular not only introduces women to addictive drugs, but also contributes to greater crime participation. Measures of the domestic network, crime commitment, drug use, ethnicity, and participation in vice and predatory crimes are used to focus on women's formation and participation in crime partnerships. Findings reveal that ethnicity, living with boyfriends or husbands, high levels of crime commission, particularly while carrying weapons, and participating in vice and predatory crimes are factors that are shared by a number of crime partnerships. On the other hand, having children raised by others, a history of incarceration and arrest, and opiate use are factors that are important for specific crime partnerships; therefore, these factors are unique considerations that relate to the likelihood that criminal partnerships will develop.     

侵占罪与盗窃罪的界定

从侵占罪与盗窃罪各自的构成要件比较中来区分两者是比较容易的 ,但在司法实践中搞清两者之间的界限绝非易事 ,但又不是没有规律可寻。确定是侵占罪还是盗窃罪关键要把握物的支配状态。无论何种之物 ,只要行为人对其取得支配时不是用秘密手段取得的 ,就不是盗窃罪 ;对物不是用秘密手段取得的支配以后 ,只要行为人对物有法律上或事实上的代为保管关系 ,对物非法占为己有 ,拒不退还的 ,就构成了侵占罪。     

The Scope of Serious Crime and Preventive Justice

I first offer an account of serious crime that goes beyond victimizing crimes committed by individuals against other individuals. This approach extends the well-known framework offered by von Hirsch and Jareborg to include crimes undermining welfare-producing institutions. I then consider how the seriousness of crime justifies preventive measures, including the criminalization of acts preparatory to the commission of serious crime. I shall defend preventive measures, including highly intrusive ones, for the most serious crimes, such as terrorism in the form of mass killing, but I shall take issue with very expansive conceptions of serious crime that include what are intuitively much less serious offenses than terrorism or murder. In England and Wales, the Serious Crime Act (2007) lists relevant types of serious crime in its Schedule 1. This and other pieces of serious crime legislation in the UK are discussed critically.     

Presidential rhetoric on cybercrime: links to terrorism?

Abstract

Presidents often give speeches about crime issues as a way to convince the public that there are significant problems for which an easy solution can be found. Studies have shown that presidential rhetoric on crime not only influences the public’s perception of the problem, but also the perception of the best solution. More recent research has demonstrated that presidents sometimes draw on the public’s fear of crime as a way to further affect the public’s perception of crime. In other words, presidents link crime with the public’s anxiety about other fearful events as a way to further impact the public’s perception of a problem (and thus further their agenda). This study examines presidential rhetoric on cybercrime to determine if executives link cybercrime with other issues such as national security. The findings provide credibility to both Cavelty’s threat frames approach as well as assertions made regarding the politics of fear.