Dynamic Attenuation: Terrorism,Transnational Crime and the Role of the US Army Special Forces

This article analyses the ability of the US Army Special Forces to combat illicit networks (criminal and terrorist) through ‘dynamic attenuation’. It is argued that a process of dynamic attenuation, where network ties and not the actors in the network are targeted, should replace the current US strategy of ‘killing or capturing’ criminal agents threatening US interests. By dynamically attenuating (not destroying) the ties between and among criminal actors and criminal organisations, the US can effectively reduce the capability of criminal organisations to operate and achieve their missions (profit and/or terror). This argument is substantiated by assessing the environments where criminal networks thrive, the characteristics of criminal networks, the utility of targeting networks instead of individual actors, and through a comparison of criminal organisations' and US Army Special Forces' strengths and weaknesses. This article concludes with implications and recommendations for US policy in the fight against criminal organisations.     

Sympathy for the devil: state engagement with criminal organisations in furtherance of public policy

Governments have long relied on non-state actors to assist in the implementation of public policy. Legitimate elements of civil society have become familiar instruments of governance. States have also engaged criminal actors to this end. This article will note examples of state collaboration with criminal interests, from pirates turned privateers during the 17th and 18th centuries, to the patriotic hackers of today. It will discuss the strategic considerations giving rise to such engagements, the pitfalls that may beset them, and the ethical considerations that might inform the decision by a state to enlist the services of illicit organisations.     

Missing gender in cases of infamous school violence: Investigating research and media explanations

The shootings at Columbine and Jonesboro, along with multiple shootings at five other schools, captured the nation's attention and received widespread media coverage. Utilizing a feminist perspective that addresses masculinity, we explore research and major newspaper coverage of infamous school violence to determine how extensively gender is considered as a contributing factor. Results indicate that data sources on violent deaths at school miss the gendered nature of the violence. Similarly, media coverage of the seven cases under study discount the role of masculinities, bullying, and male violence against girls and women, and few of the policy recommendations address these concerns. The relative absence of attention to the gendered nature of school violence encourages incomplete explanations and ineffective policies.     

Correlates of distance to crime in Mexico City

This study examined the correlates of distance to crime in a sample of 412 prison inmates in the Mexico City Metropolitan Area. The study focused on crimes of theft and included a spatial analysis of the crime scene and the place of residence of the prison inmates. The data show a high clustering of criminals in a few neighbourhoods surrounding the old downtown area. Also, 38.8% of the sampled criminals committed their crimes in the same neighbourhood where they lived. Regression analysis revealed two independent and positive correlations of distance to crime: the monetary gain of the crime and if the prison inmates' intimate partner was also in jail. These findings suggest that, aside from the monetary rationale in the distance to crime function, the neighbourhood and family contexts deserve further research for a better understanding of criminal behaviour in Mexico.     

Repositioning the corporate criminal: comparing and contrasting corporate criminal liability in Canada and Finland

ABSTRACT

Over the past two decades, a number of states in the Global North have introduced laws aimed at holding corporations criminally liable. While there is an important literature examining these legal regimes there is a paucity of comparative work interrogating the different political struggles and processes leading to corporate criminal liability (CCL) legislation. This paper addresses this lacuna by comparing and contrasting the development of CCL in Canada and Finland. By scrutinizing the law reform processes in each jurisdiction, the paper documents how CCL emerged under different conjunctures in each country, yet were shaped similarly by hegemonic beliefs in the non-criminal status of corporation, the importance of advancing private enterprise and established jurisprudence. Of particular note are the ways in which dominant notions of legal individualism and the universal legal subject constrained legislative efforts to hold corporations criminally to account therein preventing corporate misconduct from being processed as “real” crimes.     

Building institutional capacity: knowledge production for transnational security governance in Mexico

ABSTRACT

This article engages with institutionalist knowledge production in US-Mexican security relations, demonstrating how anti-crime governance in the Americas has shifted from a heavy-handed military rationale to a good governance and civil society–centred approach. This shift has been facilitated by the newly emerging resilience discourse which advocates turning local communities from passive beneficiaries of government-sponsored law enforcement into pro-active security partners. It will be argued that the rise of good governance and society-centred policy thinking has enhanced the epistemic authority of a heterogeneous, but ideologically aligned set of human rights advocacy groups, think tanks, policy-oriented academics and for-profit development NGOs – both in Mexico and the United States. This transnational expert community has been instrumental in inserting the issue of drug-related violent crime in Mexico into a globally dominant statebuilding framework. In consequence, security governance in Mexico has taken on a more transnational character and become the object of a highly intrusive international monitoring regime.     

Assessing criminal thought content: preliminary validation of the criminal thought content inventory (CTCI)

The purpose of this study was to evaluate a measure of criminal thought content entitled the Criminal Thought Content Inventory (CTCI). The 30-item CTCI generates a total score and scores for three individual dimensions or scales: Negative Attitudes toward Authority (NAA), Positive Attitudes toward Deviance (PAD), and Criminal Identity (CID). Students from two universities (N?=?335 and 456) completed the CTCI, along with measures of criminal thought process and delinquent behavior. According to the results of several analyses, the CTCI possesses adequate internal consistency, good test-retest reliability, and adequate concurrent validity. Confirmatory factor analyses performed on both samples offered support for the three-dimensional structure of the CTCI and an item response theory analysis indicated that over 80% of the items loaded at least moderately on a single latent trait. These results suggest that the CTCI possesses the requisite psychometric properties to warrant inclusion in studies investigating criminal thought content.     

论行政刑法的性质和概念

行政刑法在我国是一个崭新的研究领域。行政刑法在法律上兼具行政法与刑法的双重性质,行政刑法是国家为了实现行政管理的目的,维护正常的行政管理秩序,规定行政犯罪并追究其行政刑法责任的特殊法律规范的总称。     

刑事立案监督的现状与制度完善

刑事立案监督工作是检察监督的重要组成部分,是塑造检察监督形象,提高检察机关权威、整体推进检察监督的重要环节。本文在对我国当前司法实践中刑事立案监督工作存在问题及其原因进行分析的基础上,提出相关完善建议。     

2 855例暴力性伤害案特征研究

目的了解我国暴力性伤害损伤特征. 方法调查四川省8个市县1990～1997年公安局登记在案且经过法医学鉴定的所有暴力性伤害案件2 855 例,并进行统计分析. 结果伤者及侵害者均以青年男性为主, 20～39岁多见.文化程度在伤者以中专及中学多见,侵害者则以小学文化水平为主.致伤方式最常见的为钝器伤,其中拳打、脚踢最为多见(57.2%).损伤部位以头面部最为多见(37.3%).损伤类型多为挫裂创及刺、砍、切创(40.3%).损伤程度以轻伤多见(42.4%). 结论[ HT 根据暴力性伤害特征制定相应预防措施,对我国社会治安的稳定具有重要意义.     

Automobile theft: Estimating the size of the criminal population

Animal abundance estimation procedures including a new method of Zelterman are applied in the criminological context of auto theft in the Australian Capital Territory. Using goodness-of-fit statistics and comparing the estimates with known clearance rates, it is estimated that during 1987 about 39% of offenders were charged with at least one count of auto theft. The results also indicate the extent of overrepresentation of juveniles in court statistics compared with their relative participation rate in auto theft.     

Smuggling and Trafficking in Human Beings: The Phenomenon, The Markets that Drive It and the Organisations that Promote It

This article will define the concepts of smuggling and trafficking in human beings and discuss the difficulty in applying the definition. The magnitude and scope of the problem will be examined as well as its causes. Trafficking in human beings will be analysed as an illegal market, particularly with reference to its relationship with other illegal markets and the involvement of organised crime groups. The phenomenon will be discussed in more depth focusing on countries and regions where projects are currently being implemented under the auspices of the United Nations Global Programme against Trafficking in Human Beings. The discussion closes with an overview of situations which facilitate the practice, and current measures and recommendations to stem the tide of smuggling and trafficking.     

Personality disorder and violence in the national household population of Britain

Background: Antisocial personality disorder (ASPD) is strongly associated with violence but the effects of other personality disorder (PD) categories are uncertain. Purpose: To investigate associations between 10 DSM-IV PD categories and effects of co-occurring disorders on self-reported violence. Method: Cross-sectional survey of 8397 adults aged 16–74 years in households in Great Britain. Results: ASPD contributed strongly to the burden of violence in the British population. Paranoid and obsessive–compulsive PD made additional independent contributions, and narcissistic PD contributed to intimate partner violence. The prevalence of violence correlated with the number of PD categories. Comorbid alcohol dependence further increased the risk. Conclusions: Risk of violence increases with increasing severity of PD, measured by the number of PD categories, and with co-occurring alcohol dependence. Not all PD categories are associated with violence, and avoidant PD was protective. Identification of targets for future interventions may be obscured using a classification based solely on severity.     

The prevalence of violence and relation to depression and illicit drug use among incarcerated women in Recife, Brazil

PurposeTo assess the prevalence and different types of violence experienced by women prisoners in Brazil and the effects of violence on women's depression and illicit drug use.MethodsParticipants (N = 377) were incarcerated women from a state prison in a northeastern city of Brazil. Multivariate logistic regression models (adjusted for age, education, partner status, prison history, drug related offense, and sentencing status) were used to assess associations between each type of violence (physical abuse, sexual abuse, and life threats) and each outcome variable: recent depression and illicit drug use.ResultsThe majority of participants (87%) reported experiencing some type of violence in their lifetime, including physical violence (83%), sexual victimization (36%), and threats on their life (29%.) Sexual violence was significantly related to both recent depression (Odds Ratio (OR) = 2.8; 95% Confidence Interval (CI) = 1.4–5.3) and recent substance use (OR = 2.7; 95% CI = 1.6–4.4) in adjusted models. Experiences of life threats were also significantly associated with illicit drug use (OR = 2.2; 95% CI: 1.3–3.7), as was physical violence (OR = 2.4; 95% CI: 1.2–4.9); however, neither of these latter two violence variables were significantly associated with depression.ConclusionReports of lifetime violence victimization among this incarcerated sample of women were extremely prevalent and relevant to women's depression and illicit drug use. Prison efforts to address women's depression and illicit drug use may be most effective by incorporating aspects related to women's history of victimization, especially given the high rates of violence experienced by women in this sample.     

Journey to murder: examining the correlates of criminal mobility in sexual homicide

Although the empirical research on the journey to crime seems to indicate that most crimes are committed close to home, only a few studies have specifically examined the journey to crime in cases of sexual homicide. Using a sample of 214 sexual homicide cases, the current study investigates, using logistic regression, offenders who travel during the crime to those offenders who commit their crime, all at the same location. Current findings suggest that sexual murderers who engage in intra-crime travel tend to use a vehicle in the commission of their offence, target adult victims who are involved in the sex trade and move the body post murder.     

公安机关实施知识产权刑事保护的对策思考

我国知识产权刑事保护面临国际与国内双重压力,形势严峻。公安机关作为刑事执法部门,应加大对知识产权领域犯罪的打击力度,但目前仍面临着刑事立法缺陷以及公安经侦自身条件、公安与行政执法、与国际刑事司法部门沟通协作方面的重重障碍。公安机关必须积极开展经侦基础理论研究,重塑侦查理念与侦查模式,密切与行政执法部门的协作关系,并不断拓展境内外知识产权执法合作空间。     

预防侦查错误视角下公安刑事鉴定制度的反思与完善

刑事鉴定对于公安机关侦查破案发挥着日趋重要的作用,公安机关在侦查线索的寻找、侦查方向的确定乃至侦查终结的定案证据等方面都极为依赖刑事鉴定.然而,因公安刑事鉴定制度本身存在某些缺陷而容易产生诸多鉴定问题,进而导致侦查错误的发生,以致酿成了一系列刑事冤案.完善现行的公安刑事鉴定制度首先亟需解决公安机关内设鉴定机构的组织管理制度问题,即应确保内设鉴定机构的相对独立,同时应明确对刑事鉴定技术的采用标准.诚然,完善公安刑事鉴定制度并不能完全杜绝侦查错误的发生,但是可以减少侦查错误发生的概率.     

论建立新形势下的“黑恶”案件侦查机制

公安机关预防、打击黑恶犯罪,必须立足于防,建立高效灵敏的预警机制;以打援防,建立快速反应的侦破机制;齐打共防,建立多层次的协作机制;强基固本,建立雄厚牢固的保障机制;严格执法,建立处置有力的法律援助机制。