论盗窃虚拟财产的定性

以非法获取计算机信息系统数据罪定性盗窃虚拟财产的行为虽然符合罪刑法定原则的要求,但该罪名不能反映犯罪目的,盗窃虚拟财产的行为也没有扰乱公共秩序,虚拟财产具有价值,也可脱离受害者的控制,并能被盗窃者实际控制,符合盗窃罪的要求,盗窃者如果具有永久性剥夺受害人虚拟财产的犯罪意图的,应该以盗窃罪追究其刑事责任,域外的实践也将盗窃虚拟财产的行为定性为盗窃罪.盗窃虚拟财产的行为也可能构成盗窃罪、侵犯通信自由罪、非法获取计算机信息系统数据罪与破坏计算机信息系统罪,属想象竞合犯.     

VIOLENT DELINQUENTS AND URBAN YOUTHS*

Violent juvenile crime is disproportionately concentrated in urban neighborhoods, and accordingly an understanding of the sources of serious delinquency is con founded by components of urbanism. These milieus usually have high rates of absolute poverty and relative economic deprivation, as well as weak social institutions. The persistent findings of delinquent peer contributions to delinquency have yet to be tested under conditions where social class and milieu effects are controlled. There is little empirical evidence to determine how adolescents in high-crime neighborhoods avoid delinquency despite frequent contact with delinquent peers. The differences between violent delinquents and other youths from comparable neighborhoods are little understood. This study contrasts a sample of chronically violent male juvenile offenders with the general male adolescent population (students and school dropouts) from inner-city neighborhoods in four cities. Violent delinquents differ from other male adolescents in inner cities in their attachments to school, their perceptions of school safety, their associations with officially delinquent peers, their perceptions of weak maternal authority, and the extent to which they have been victims of crime. Peer delinquency and drug“problems” predict the prevalence of three delinquency offense types for both violent offenders and neighborhood youths. Among violent delinquents, there appear to be different explanatory patterns, with one type better described by internal controls (locus of control), a developmental measure. Overall, there is strong support for integrated theory including control and learning components, and similar associations exist among inner-city youths as in the general adolescent male population. Despite the generally elevated rates of delinquency in inner cities, the explanations of serious and violent delinquency appear the same when subjects are sampled at the extremes of the distribution of behavior.     

CONTROL BALANCE AND EXPLOITATIVE CORPORATE CRIME*

Control balance theory indicates that the control one exercises relative to the control one experiences, or the control balance ratio, should relate to specific forms of deviance. Control surpluses, or when control exercised is greater than control experienced, should relate to autonomous forms of deviance, whereas control deficits, or when control experienced is greater than control exercised, should relate to repressive forms of deviance. To date, control balance theory has been investigated empirically only to a limited extent, with mixed to supportive results. This paper presents an application of control balance theory to the autonomous deviant act of exploitation in a corporate crime context. Both control balance theory and the extant corporate crime literature offer impetus for such an investigation. Using data collected on working adults, the results support the key hypothesis that control surpluses rather than control deficits relate to exploitative acts in the corporate context. This finding holds with two control balance ratio measures, global and workplace‐specific. Future theoretical and empirical research directions are outlined.     

Juvenile Delinquency in the Federal Republic of Germany

Juvenile delinquency has gained recognition worldwide as one of the most prominent criminological problem areas as well as a pressing crime political issue. The current state of this field in Germany is characterized by a tremendous increase after World War II, similar to other west European countries, but slightly leveling down since the Eighties. However, the great bulk of juvenile delinquency is built by minor offenses-in particular petty theft and non-serious road traffic offenses. Violence (although with an enormous increase), illegal drug offenses, and sexual crimes make together not more than one fifth of the total volume of youth crime. On the whole, juvenile delinquency represents the deviant behavior of young males; the proportion of female crime—although increasing too- is not higher than three decades ago, and consists mainly of shoplifting and bicycle theft. Youngsters of foreign groups or minorities are more involved in delinquency at present than in the Seventies or earlier, partly in activities of violent groups. While, in the past, rockers mainly got attention, now soccer hooligans and violent right-wing skinheads, especially when attacking minority people and asylum seekers, are in the forefront of public interest. This is true for East and West Germany. In general, the delinquents come mostly from the lower social strata, show socialization defects, have reduced start chances, are often unemployed, and are without or have less social support by their families. With regard to this, criminological experts favor socialization theories, social learning and control theories to explain these phenomena, emphasizing the binding forces of the underlying orientation of moral values. The corresponding guidelines of juvenile crime policy give preference to the application of non-custodial measures and diversion strategies on one hand, and to the reduction of freedom-depriving sanctions like community service or offender-victim-mediation on the other, indicating a successive retreat from a traditional punitive concept.     

THE IMPACT OF ECONOMIC CONDITIONS ON ROBBERY AND PROPERTY CRIME: THE ROLE OF CONSUMER SENTIMENT*

Despite its long history in criminology, research on the relationship between macroeconomic conditions and rates of common crime remains limited. That is in part because many analysts doubt that any systematic relationship exists and in part because of disagreement with regard to the validity of the indicators typically used to measure economic conditions. We argue in this article that good theoretical reasons exist to expect macroeconomic effects on crime rates, but many theories imply that collective perceptions of economic hardship should have effects on crime that are independent of those of more “objective” economic indicators. To evaluate this argument, we examine the relationships between the Index of Consumer Sentiment and regional robbery, burglary, larceny, and motor vehicle theft rates in the United States between 1970 and 2003, which was a period of large swings in both consumer sentiment and instrumental crime. Controlling for several factors thought to influence temporal variation in crime rates, we find that consumer sentiment had significant effects on robbery and property crime rates over the period that were largely independent of the effects of unemployment and economic growth. We also find that consumer sentiment accounted for a sizable fraction of the crime decline during the 1990s and yields reasonably accurate predictions of changes in the four offenses in 2004 and in two of the four offenses in 2005. We conclude that the effects of collective economic perceptions should become an important focus of future research on crime trends.     

DIFFERENTIAL COERCION,STREET YOUTH,AND VIOLENT CRIME*

Using a sample of 300 homeless street youths, this study examines differential coercion theory and the role that coercion and the socialpsychological deficits of anger, low self‐control, coercive modeling, coercive ideation, and control imbalances play in the generation of violent crime. Results from cross‐sectional and prospective offending models that examine the individual mediators reveal that coercion has a direct relationship with violent offending as well as a relationship that is mediated by low self‐control, anger, coercive modeling, and coercive ideation. Although control imbalances have a direct relationship with crime, they do not mediate the relationship between coercion and crime. In the cross‐sectional model that contains all the mediators, coercion, low self‐control, anger, coercive modeling, and coercive ideation are associated with crime. In the prospective model that contains all the mediators, only anger, coercive modeling, and coercive ideation remain associated with crime. Results are discussed regarding future theory development and policy implications.     

Protective processes: the function of young people's implicit theories of crime in offending behaviour

Abstract

Despite development in high-risk environments, many youths are resilient and do not engage in antisocial behaviour and crime. Research on human traits such as intelligence and morality, suggest that the implicit theories (ITs) people have about the controllability of their behaviour, as either fixed (entity beliefs) or malleable (incremental beliefs) may play a part in successful behavioural outcomes. Using this as a framework, the function of ITs about crime in successful adolescent development was investigated among 422 ‘at-risk’ youths. Incremental ITs of criminality were found to significantly predict less self-reported involvement in youth offending, controlling for academic attainment. Entity ITs, conversely, were associated with an increased rate of participation in deviant behaviour. Further analysis revealed that incremental ITs of criminality moderated the negative effects of associating with delinquent peers on adolescent behaviour. The results demonstrate the direct and indirect protective function of incremental ITs of criminality for youths at risk and highlight the value of investigating further the protective processes that are involved in preventing youth crime.     

The Risk of Informal Socializing with Peers: Considering Gender Differences Across Predatory Delinquency and Substance Use

Previous research has demonstrated that adolescents who socialize with peers in unstructured and unsupervised settings are more likely to engage in deviant behavior. Research on this front has generally pooled adolescents together, suggesting that it is a risk for nearly all youth across a wide array of deviant outcomes. The current study instead hypothesizes that the strength of the relationship between time use and different forms of deviance varies for male and female adolescents. Specifically, it proposes that unstructured and unsupervised socializing with peers will be a significantly stronger risk for predatory delinquency (i.e. violent and property crime) for male adolescents than for females, whereas it will be an equivalent risk across gender for substance use. Analyses using the AddHealth data support this hypothesis. The discussion considers the implications of these results.     

NEIGHBORHOOD CONTEXT AND NONLINEAR PEER EFFECTS ON ADOLESCENT VIOLENT CRIME*

Although evidence of the strong correlation between deviant behavior and exposure to deviant peers is overwhelming, researchers have yet to investigate whether a nonlinear functional form better captures this relationship than does a linear form. Researchers also have yet to examine the extent to which peer effects vary as a function of the neighborhood context. To address these issues, we use data from the Project on Human Development in Chicago Neighborhoods (PHDCN) to examine 1) the functional form of the relationship between peer violence exposure and self‐reported violent crime and 2) the extent to which the effect of exposure to violent peers on violence is ecologically structured. Estimates from logistic hierarchical models indicate that the effect of peer violence exposure on violent crime decreases at higher values of peer violence, as reflected in a nonlinear relationship (expressed in terms of log‐odds). Furthermore, exposure to violent peers increases along with neighborhood disadvantage, and the effect of peer violence exposure on violent crime is attenuated as neighborhood disadvantage increases, which is reflected in a cross‐level peer violence/disadvantage interaction.     

The reduction of violent crime through economic equality for women

Normally we do not link the reduction of violent crime with equal rights for women, this paper traces such a linkage. Central to the logic of this argument is that the distribution of the frequency of violent crime is often described by a bimodal curve which supposedly distinguishes between minor, unimportant offenders and a distinct group of serious offenders: the target for many policies being the latter. In fact, this bimodal distribution does not exist; therefore, policies based on it will be fruitless. The larger group of minor offenders is basically ignored. The distribution of violence is better described as a continuous skewed curve which retains its shape. Thus, an effective policy to reduce violence would have to shift the entire curve to the left. Reducing the more numerous acts of lesser violence rather than concentrating on the rarer cases of extreme violence would be more effective. Since much violence is nurtured in family settings, policies that decrease stress in family settings would have a meaningful impact on future violence. Stress could be reduced with greater economic equality for women, making it possible for them to leave potentially violent domestic settings. In the long term this would have an impact on violent crime.     

GENERAL STRAIN,STREET YOUTH AND CRIME: A TEST OF AGNEW'S REVISED THEORY*

Using a sample of homeless street youth, this research examines how specific forms of strain–emotional abuse, physical abuse, sexual abuse, homelessness and being a victim of robbery, violence or theft, relative deprivation, monetary dissatisfaction and unemployment–lead to crime and drug use. It also explores how strain is conditioned by deviant peers, deviant attitudes, external attributions, self‐esteem and self‐efficacy. The results reveal that all ten types of strain examined can lead to criminal behavior either as main effects or when interacting with conditioning variables. The results are discussed in light of general strain theory and suggestions are offered for future research on this topic.     

Street youth and labor market strain

This article applies strain theory to a high-risk sample of homeless street youth, with a particular focus upon labor market strain to predict violent and property crime and substance use. Data were collected through interviews with 200 street youth in a western Canadian city. Labor market strain was found to be related to the frequency of the youth's property, violent, and total crimes. Criminal peers and norms were also related to these crimes, as well as to drug use. Results also revealed a significant interaction effect between labor market strain and criminal norms predicting property, violent, and total crime. Interactions between strain and criminal peers, and external attributions also predicted property crime. Contrary to predictions, emotions were unrelated to crime and drug use. The results are discussed in light of Agnew's revised strain theory and suggestions are offered for future research on this topic.     

Crime Trends in Western Europe from 1990 to 2000

This paper analyses the evolution of police recorded crime rates for nine offences (intentional homicide, assault, rape, robbery, theft, vehicle theft, burglary, domestic burglary, and drug offences) over the period 1990–2000 in 16 Western European Countries. The analysis shows that there was an increase in drug and violent offences, while property offences reached a peak at the beginning of the 1990s and started decreasing afterwards. The evolution of property offences can be related to the emergence of a large black market for stolen goods in Central and Eastern Europe at the beginning of the time series, while by the end of it that market was saturated and there had also been a reinforcement of police measures in the frontiers and of security measures in Western European households. The increase in drug offences is correlated to the rise of drug use in Europe shown by other indicators, and can be related to an increased availability of drugs in European markets. Finally, the upward trend in violent offences can be explained partially by gang struggles over the control of illegal markets and by the consolidation of problematic neighbourhoods, but seems also due to a large extent of increase in the reporting of violent offences by their victims and the recording of such offences by the police. The analysis shows that opportunity-based theories provide a satisfactory explanation of the trends in recorded crime, and that the crime opportunities are heavily influenced by socio-economical factors.Versions of this paper were presented at the 3rd Annual Conference of the European Society of Criminology (Helsinki, August 27–30, 2003) and at the Societies of Criminology 1st Key Issues Conference (Paris, May 13–15, 2004). The paper was written during a stay at the Max Planck Institute for Foreign and International Criminal Law (Freiburg imBreisgau, Germany) made possible through the support of Swiss National Science Foundation     

Street youths’ control imbalance and soft and hard drug use

In his control balance theory Charles Tittle maintained that under favorable conditions unbalanced control ratios will lead to different forms of deviance. The type of deviance chosen is argued to depend on the degree of the control imbalance and the desirability the offense presents as a method of altering the imbalance. Utilizing a sample of homeless street youth this study examined if different types of control balance ratios were associated with hard and soft drug use. The findings revealed that control balance surpluses and control balance deficits were both related to hard and soft drug use but that these relationships were significantly stronger for hard drug use. Further, provocation and self-control were significant predictors of hard but not soft drug use while drug using peers predicted soft drug use but not hard drug use. Parental drug use, perceptions of risk, and values supportive of illegal behavior predicted both forms of drug use. Results are discussed and directions for further research and theoretical refinement are offered.     

Violent Street Crime Versus Harmful White-Collar Crime: A Comparison of Perceived Seriousness and Punitiveness

Recent studies have challenged traditional wisdom regarding public apathy about white-collar crime by revealing equal or greater perceived seriousness of these offenses among respondents relative to traditional crime. Nevertheless, subjects in those studies were generally asked to contrast white-collar crime scenarios with a non-violent street crime baseline vignette. Perhaps a violent street crime would have invited lower perceived seriousness for the white-collar offenses. Participants in the present study were asked to (1) read vignettes describing violent street crimes and physically harmful white-collar crimes, (2) compare their seriousness, and (3) determine appropriate sanctions. Subjects perceived the violent crime scenarios presented to them to be more serious than the harmful white-collar crime vignettes. Further, they were less punitive toward white-collar offenders compared with street criminals. Implications of these findings are discussed.     

The value of DNA material recovered from crime scenes

Abstract:  DNA material is now collected routinely from crime scenes for a wide range of offenses and its timely processing is acknowledged as a key element to its success in solving crime. An analysis of the processing of approximately 1500 samples of DNA material recovered from the property crime offenses of residential burglary, commercial burglary, and theft of motor vehicle in Northamptonshire, U.K. during 2006 identified saliva and cigarette ends as the main sources of DNA recovered (approximately 63% of samples) with blood, cellular DNA, and chewing gum accounting for the remainder. The conversion of these DNA samples into DNA profiles and then into matches with offender profiles held on the U.K. National DNA database is considered in terms of the ease with which Crime Scene Examiners can recover DNA rich samples of different sources, the location of the DNA at the crime scene, and its mobility. A logistical regression of the DNA material recovered has revealed a number of predictors, other than timeliness, that greatly influence its conversion into a DNA profile. The most significant predictor was found to be Crime Scene Examiner accreditation with offense type and DNA sample condition also being relevant. A similar logistical regression of DNA samples profiled that produced a match with an offender on the U.K. National DNA database showed no significance with any of the predictors considered.     

The Dark Figure of Online Property Crime: Is Cyberspace Hiding a Crime Wave?

A pronounced drop in crime, since the early 1990s, has encompassed every crime category tracked by the FBI’s Uniform Crime Reports, including property crime. However, over the same period, the rates of online property crime (OPC) have been on the rise according to available evidence. We delineate the extent of our knowledge and data concerning cybercrime and identity theft and, using data from several nationally representative victimization surveys, offer an alternative view of property crime trends while pointing out the glaring gap in crime reporting and accounting in relation to the growing category of property crimes perpetrated online. In addition, we compare estimated costs of traditional property crime vs. OPC. Finally, we identify the main challenges for obtaining reliable data on OPC and discuss their implications, especially when applying the traditional methods of compiling crime statistics.     

Violent recidivism and chronicity in the 1958 Philadelphia cohort

In the present study the relationship between chronicity and violent recidivism is analyzed using longitudinal data from the 1958 Philadelphia cohort. The data reaffirm prior research findings that a small cadre of offenders commits the majority of crimes which involve serious harm to the community, yet it was found that the violent offenders accounted for a large share of the more serious index offenses. In addition, among violent delinquents there is a greater proportion of chronic offenders than among nonviolent delinquents. Chronic offenders were more likely than nonchronic offenders to repeat a violent offense. Violent recidivists also committed a large proportion of nonviolent index offenses. One might imply from the results of this study that a policy of selective incapacitation of high-rate offenders would substantially reduce the amount of violent crime as well as nonviolent crime.     

A randomized test of initial and residual deterrence from directed patrols and use of license plate readers at crime hot spots

Objectives

To test the effects of short-term police patrol operations using license plate readers (LPRs) on crime and disorder at crime hot spots in Mesa, Arizona.

Methods

The study employed a randomized experimental design. For 15 successive 2-week periods, a four-officer squad conducted short daily operations to detect stolen and other vehicles of interest at randomly selected hot spot road segments at varying times of day. Based on random assignment, the unit operated with LPRs on some routes and conducted extensive manual checks of license plates on others. Using random effects panel models, we examined the impact of these operations on violent, property, drug, disorder, and auto theft offenses as measured by calls for service.

Results

Compared to control conditions with standard patrol strategies, the LPR locations had reductions in calls for drug offenses that lasted for at least several weeks beyond the intervention, while the non-LPR, manual check locations exhibited briefer reductions in calls regarding person offenses and auto theft. There were also indications of crime displacement associated with some offenses, particularly drug offenses.

Conclusions

The findings suggest that use of LPRs can reduce certain types of offenses at hot spots and that rotation of short-term LPR operations across hot spots may be an effective way for police agencies to employ small numbers of LPR devices. More generally, the results also provide some support for Sherman’s (1990) crackdown theory, which suggests that police can improve their effectiveness in preventing crime through frequent rotation of short-term crackdowns across targets, as it applies to hot spot policing.     

Effect of broken windows enforcement on clearance rates

Originating in the New York City Transit System, “broken windows” enforcement has become a widely implemented policing strategy. Research testing the effectiveness of focused enforcement upon minor offenses and “uncivil” behaviors, however, has been inconclusive. There has been no study which has addressed broken windows enforcement as an explanatory factor for clearance rates. Most previous research on clearance rates were completed more than two decades ago, well before the implementation of structured broken windows enforcement. Utilizing official crime data for the thirty-five largest municipal police agencies in Texas from 1990 through 2004, this research examined the relationship between broken windows enforcement and clearance rates for UCR Part I offenses. Using hierarchical multivariate linear modeling (HMLM) analysis to capitalize upon the longitudinal characteristics of the data allowed examination of the influence of broken windows enforcement across a wide spectrum of agencies over a long time period.Broken windows enforcement showed inconsistent results across the different crime types. Broken windows enforcement had a positive impact on the clearance rates for burglaries and a marginal impact on auto theft clearance rates. In the case of larceny clearance, greater levels of broken windows arrests actually had a negative relationship. For all of the offense categories, the number of sworn officers was negatively related to the clearance rates. Crime per officer measures showed negative significant effect on the clearance rates for the property offense categories.