Transnational organized crime and gun violence. A case for firearm forensic intelligence sharing

A threat to the safety of citizens in any country, the criminal misuse of firearms presents a wider danger to a nation's security, peace, stability and development. Firearms and their related evidence know no borders. It is not uncommon to find the murder weapon from a shooting in one city ending up in another city, country, or continent. No country remains unaffected by firearm violence. This paper describes how transnational organized crime and gun violence are interrelated, and makes the case for the international sharing of firearm forensic intelligence through Interpol's IBIN Program as an integral component of an intelligence-led policing strategy to combat cross-border gun related crime. With such a strategy in place, internationally mobile criminals who use firearms to further their illicit activities can no longer escape detection.     

论主客观相统一原则在犯罪论中的贯彻——兼论丢失枪支不报罪的犯罪构成

主客观相统一原则要求犯罪成立要符合主观要件与客观要件之间的统一。但是,当成立犯罪要求发生实质性的危害结果时,就出现了贯彻该原则难以解决的理论难题。对于"丢失枪支不报罪"等以发生严重后果为构成要件的犯罪情形,实践中所犯的普遍性错误就在于割裂了行为结果与行为性质的联系,将行为人对一般违法性质的认识因素当做对刑法的严重危害性质的认识予以评价,从而得出行为人行为时出于故意的错误结论。因此,《刑法》将没有必然联系的"不报告行为"与"严重结果"规定为丢失枪支不报罪的客观要件,忽视了丢失枪支行为才是严重后果发生的真正原因。为此建议将该罪罪名改为"丢失枪支罪",以使该原则在犯罪论领域得到贯彻。     

Nanotechnology for forensic sciences: Analysis of PDMS replica of the case head of spent cartridges by optical microscopy, SEM and AFM for the ballistic identification of individual characteristic features of firearms

A novel application of replica molding to a forensic problem, viz. the accurate reproduction of the case head of gun and rifle cartridges, prior and after been shot, is presented. The fabrication of an arbitrary number of identical copies of the region hit by the firing pin and by the breech face is described. The replicas can be (i) handled without damaging the original evidence, (ii) distributed to different law enforcement agencies for comparison against other evidences found on crime scenes or ballistic tests of seized firearms, (iii) maintained on a file by the laboratories. A detailed analysis of the morphological features of the replicas has been carried out by standard microscopy techniques as well as by advanced microscopy such as scanning probe and scanning electron leading to a quantitative morphological characterization of the case heads down to the nanometer scale. The assignment of the cartridge replicas to the shooting weapon is demonstrated to hold below the micron scale, while it is hindered at the nanometer level both by the manufacturing differences and by eventual modifications occurring on the firing pin.     

关于丢失枪支不报罪客观方面若干问题的认定

犯罪的客观方面是犯罪行为的客观外在表现,犯罪的客观方面是考察整个犯罪构成的向导,是发现和认定犯罪的主观方面的基础,丢失枪支不报罪的客观方面表现为依法配备公务用枪的人员,丢失枪支不及时报告,造成严重后果的行为。对丢失枪支不报罪的客观方面如"丢失枪支"、"不及时报告"、"严重后果"等方面从理论上进行探讨和认定。     

Classification of firing pin impressions using HOG-SVM

Crimes, such as robbery and murder, often involve firearms. In order to assist with the investigation into the crime, firearm examiners are asked to determine whether cartridge cases found at a crime scene had been fired from a suspect's firearm. This examination is based on a comparison of the marks left on the surfaces of cartridge cases. Firing pin impressions can be one of the most commonly used of these marks. In this study, a total of nine Ruger model 10/22 semiautomatic rifles were used. Fifty cartridges were fired from each rifle. The cartridge cases were collected, and each firing pin impression was then cast and photographed using a comparison microscope. In this paper, we will describe how one may use a computer vision algorithm, the Histogram of Orientated Gradient (HOG), and a machine learning method, Support Vector Machines (SVMs), to classify images of firing pin impressions. Our method achieved a reasonably high accuracy at 93%. This can be used to associate a firearm with a cartridge case recovered from a scene. We also compared our method with other feature extraction algorithms. The comparison results showed that the HOG-SVM method had the highest performance in this classification task.     

Media influence on attitudes toward guns and gun control

This study employs the 1995 National Opinion Survey of Crime and Justice to examine the effect that media consumption (hours of television viewing per week, regular viewing of crime drama, and primary source of crime news) has on attitudes towards guns and gun control. Logistic regression results indicate that regular viewers of crime shows are more likely to oppose gun control and believe that firearms prevent crime. Respondents who receive their primary crime news from the print media are more likely to disagree with making it easier to conceal firearms. The author suggests that violent depiction of crime on television may influence viewers’ attitudes toward guns and gun control.     

Reference ballistic imaging database performance

Ballistic imaging databases allow law enforcement to link recovered cartridge cases to other crime scenes and to firearms. The success of these databases has led many to propose that all firearms in circulation be entered into a reference ballistic image database (RBID). To assess the performance of an RBID, we fired 4200 cartridge cases from 600 9 mm Para Sig Sauer model P226 series pistols. Each pistol fired two Remington cartridges, one of which was imaged in the RBID, and five additional cartridges, consisting of Federal, Speer, Winchester, Wolf, and CCI brands. Randomly selected samples from the second series of Remington cartridge cases and from the five additional brands were then correlated against the RBID. Of the 32 cartridges of the same make correlated against the RBID, 72% ranked in the top 10 positions. Likewise, of the 160 cartridges of the five different brands correlated against the database, 21% ranked in the top 10 positions. Generally, the ranking position increased as the size of the RBID increased. We obtained similar results when we expanded the RBID to include firearms with the same class characteristics for breech face marks, firing pin impressions, and extractor marks. The results of our six queries against the RBID indicate that a reference ballistics image database of new guns is currently fraught with too many difficulties to be an effective and efficient law enforcement tool.     

State background checks and firearms homicides

This study examined the relationship between state firearms homicides and background checks for firearms purchases. Controlling for economic and social conditions, the estimated number of firearms in circulation, offenders under community supervision, and violent crime it was found that states with less stringent background checks on firearms purchases were significantly associated with firearms homicides. The large number of firearms circulating within the United States makes it likely that a motivated—but ineligible—person could obtain a firearm over the long-term in the secondary firearms market. Effective state background checks, however, may temporarily frustrate an unauthorized person from obtaining a firearm that, in turn, may contribute to lower firearms homicide rates. Implications for further research are examined.     

Using polychromatic X-radiography to examine realistic imitation firearms

Sections 36-41 of the Violent Crimes Reduction Act (2006), which came into force in England and Wales on 1st October 2007, have placed significant restrictions on the sale and possession of 'realistic imitation firearms'. This legislation attempts to produce a definition of a 'realistic imitation' which clearly differentiates these items from other imitation firearms (which are not covered by the legislation). This paper will go a stage further by demonstrating techniques by which blank firing realistic imitation firearms which may be suitable for illegal conversion to fire live rounds may be differentiated from other less 'suitable' (but visually identical) realistic imitations. The article reports on the use of X-radiography, utilizing the bremsstrahlung of a commercial broad spectrum X-ray source, to identify the differences between alloys constituting the barrels of distinct replica and/or blank firing handguns. The resulting pseudo-signatures are transmission spectra over a range from 20 to 75 kV, taken at 1 kV intervals, which are extracted from stacks of registered, field flattened images. It is shown that it is possible to quantify differences between transmission spectra for components of different realistic imitation fire arms, and apply the results to determine the suitability of particular gun barrels from blank firing imitation firearms for illegal conversion to fire live rounds, or related illegal modifications.     

Reference ballistic imaging database performance

Ballistic imaging databases allow law enforcement to link recovered cartridge cases to other crime scenes and to firearms. The success of these databases has led many to propose that all firearms in circulation be entered into a reference ballistic image database (RBID). To assess the performance of an RBID, we fired 4200 cartridge cases from 600 9mm Para Sig Sauer model P226 series pistols. Each pistol fired two Remington cartridges, one of which was imaged in the RBID, and five additional cartridges, consisting of Federal, Speer, Winchester, Wolf, and CCI brands. Randomly selected samples from the second series of Remington cartridge cases and from the five additional brands were then correlated against the RBID. Of the 32 cartridges of the same make correlated against the RBID, 72% ranked in the top 10 positions. Likewise, of the 160 cartridges of the five different brands correlated against the database, 21% ranked in the top 10 positions. Generally, the ranking position increased as the size of the RBID increased. We obtained similar results when we expanded the RBID to include firearms with the same class characteristics for breech face marks, firing pin impressions, and extractor marks. The results of our six queries against the RBID indicate that a reference ballistics image database of new guns is currently fraught with too many difficulties to be an effective and efficient law enforcement tool.     

持有型犯罪的立法扩张与司法限缩——基于法益保护与人权保障的平衡

近年来持有型犯罪立法呈现迅速扩张的趋势,而持有型犯罪与刑法人权保障机能存在天然紧张关系,在司法上应限制持有型犯罪的适用。除非法持有枪支罪外,不应认为持有型犯罪的正当性根据(处罚根据)在于持有行为本身的抽象性危险,而应认为持有型犯罪属于一种立法推定性规范。处罚吸毒者持有、运输毒品的行为,系变相处罚吸毒行为,有违罪刑法定原则。不应简单地将持有型犯罪看作继续犯;非法持有枪支罪以外的持有型犯罪,持有期间的法律变更不具有溯及力,追诉期限应从持有之日而非结束持有状态之日起算。主动交代存在来源不明的巨额财产,成立巨额财产来源不明罪的自首;巨额财产来源不明罪判决生效后查明来源的,应当撤销原判决,以所查明的来源定罪处罚。     

Test-extractor marks under low pressure on shotgun cartridges

The necessity for firing high pressure test rounds to imprint extractor marks on shotgun cartridges in cases involving improvised or non-standard locally made firearms has been obviated. A suitable method for obtaining desired extractor marks on shotgun cartridges under low pressure has been suggested.     

Handmade Guns in Trabzon, Turkey

Abstract:  A wide variety of handmade firearms have been involved in criminal cases in the city of Trabzon, Turkey. Although they are often very similar to commercially manufactured firearms in terms of design, loading and locking mechanisms, and cocking and firing arrangements, these guns are constructed from cheap materials and are not safe for firing. Handmade firearms manufactured in the Black Sea region of Turkey, particularly in the city of Trabzon, are similar to pistols manufactured by Browning, Luger, Star, Smith and Wesson, Berretta, and MAB. A total of 201 handmade guns referred to the Criminal Police Laboratories for examination from 2003 to 2005 were evaluated with respect to type, number of barrels, size and caliber, rifling, design, mechanism, operability, legality, and similarity to commercial models. We found that most of these handmade guns resembled commercial models in several aspects.     

The characteristics of head wounds inflicted by "humane killer" (captive-bolt gun)--a 15-year study

The "humane killer" or captive-bolt gun, is the tool/weapon widely used in meat industry and private farmer households for slaughtering animal stock. Out of 17,250 autopsies performed at the Institute of Forensic Medicine in Novi Sad during the 15-year period (1991-2005), 29 cases of suicides and two homicides were committed by captive-bolt pistols. Wounds inflicted by captive-bolt guns have specific morphological features, distinctive from wounds made by other kinds of hand firearms. Selected features of the captive-bolt wounds (punched round entrance and a double pattern of smoke soiling) depend on distance and angle of instrument at the time of firing. Autopsy findings were compared with an experimental model consisting of 20 domestic pigs. Obtained results confirmed that the appearance of the entrance hole and soot deposits, along with differences in shape, location, extent, and density of soot blackening, could be useful in identification of weapon, direction of discharge, shooting distance, and angle of the muzzle to the frontal and sagittal planes of the head at the moment of fire.     

FIREARMS OWNERSHIP, GUN CONTROL ATTITUDES, AND NEIGHBORHOOD ENVIRONMENT

Consensus has not been reached on whether a relationsip exists among violent crime, fear of crime, and firearms ownership. The questions addressed here are how, if at all, the neighborhood environments of urban blacks and whites affect their patterns and levels of gun ownership, what their attitudes are toward gun regulation, and whether there is a relationship between gun regulation attitudes and firearms ownership. Data collected through a mail questionnaire from white and black residents of high and low homicide risk neighborhoods in Detroit were used to test the questions. Results indicate, for the most part, that blacks and whites hold different attitudes toward gun regulation, that gun regulation attitudes affect gun ownership patterns, and that only in one instance did neighborhood environment explain gun ownership relatively well.     

Gun violence and police problem solving: A research note examining alternative data sources

This article uses gun seizure data from the gun lab of the St. Louis Police Department to examine a problem-solving approach to seizing illegal firearms. Further, it explores narrative data from the police reports to understand the context surrounding 113 firearms seizure. The most important findings are that most illegal firearms are seized by the police department in the course of routine patrol, and that many seemingly nonviolent technical law violations (e.g., the unlawful carrying, use, or concealment of a firearm) often occur under violent circumstances. Given the paucity of gun research, future studies should use multiple data sources to further explain the gun/crime relationship. These findings are discussed in the context of routine policing.     

丢失枪支不报罪罪过形式的认定

关于丢失枪支不报罪的罪过形式,理论界有多种观点,作者对各种观点进行了详细的比较和论证,并指出其优点与缺点,最后提出了自己的看法。     

Once more unto the breech: the firearms evidence in the Sacco and Vanzetti case revisited: Part I

The Sacco and Vanzetti case has a timeless appeal. It raises trenchant issues of the fairness of a criminal trial in the face of the public's hue and cry. It is a sorry reminder that physical evidence must be closeted with care and punctiliously marked for later courtroom uses. Claims of unfairness at the trial of Sacco and Vanzetti have evoked doubts of their guilt. On this issue, a Select Committee of firearms experts in 1983 reevaluated the existing firearms evidence from the Sacco and Vanzetti trial. Its conclusions, a number of which point unerringly to the guilt of Sacco and none of which add a scintilla to the case against Vanzetti, are analyzed in this paper, which is in two parts. Part I sets the stage by focussing on the facts of the crime in South Braintree, MA and the prosecutorial strategies in the use of the firearms evidence at the trial in Dedham, MA. The firearms evidence against Vanzetti is analyzed separately from that marshalled against Sacco. Part II will address the rampant charges of governmental misconduct in the handling of the firearms evidence. A concluding section of Part II reveals startling new evidence relevant to the guilt of Nicola Sacco.     

我国海上犯罪体系亟需健全与完善

我国海上犯罪体系指由国际刑法规范和我国刑法规范所调整的各种具体涉海犯罪构成的统一体。我国现行海上犯罪体系存在诸多缺陷和不足,难以适应我国实施海洋发展战略、履行国际条约义务和维护我国海洋权益之需要,亟需健全与完善。