农民抢劫犯罪研究

抢劫犯罪是当前影响社会治安的突出问题,而农民在抢劫犯罪中占的比例最大,社会影响也最严重,其中很多人既是害人者又是受害者.因此研究农民抢劫犯罪的特点、成因、对策,对于从根本上预防、遏制抢劫犯罪,构建和谐社会具有重要的现实意义.     

聚众哄抢财物与聚众“打砸抢”的刑法教义学

聚众哄抢财物行为通常成立聚众哄抢罪;哄抢使用中厂房的物资设备的,是聚众哄抢罪与破坏生产经营罪的想象竞合犯,以聚众哄抢罪定罪处罚;聚众是与哄抢并列的行为或者是哄抢行为的方式或状态,说明了聚众哄抢罪的必要共同犯罪特征;成立聚众哄抢罪未必要有首要分子组织、策划或纠集;聚众哄抢罪的对象是他人占有的动产或者不动产中可以分离的部分;哄抢的本质是公然抢夺或盗窃;不符合聚众哄抢罪的哄抢财物行为可认定为抢夺罪或盗窃罪;聚众哄抢罪与抢夺罪、盗窃罪的共犯有差异;哄抢人采取对人暴力或胁迫等方式,压制被害人反抗而哄抢财物的成立抢劫罪,聚众哄抢罪可以成立事后抢劫;聚众"打砸抢"是聚众实施某些寻衅滋事行为的特别规定;"致人伤残、死亡"应限制解释为聚众"打砸"人所致;"毁坏或者抢走公私财物"是抢劫罪的法律拟制,首要分子以外的人成立寻衅滋事罪(或与敲诈勒索罪、聚众哄抢罪、故意毁坏财物罪等的想象竞合犯)。     

抢劫犯罪死刑适用实证研究

在我国短时间内废除死刑并不现实,当务之急是规范死刑适用。抢劫犯罪的死刑主要适用于致人重伤、死亡的抢劫犯罪和其他情节极为恶劣的抢劫犯罪。在认定主要刑事责任人时应全面考察罪中、罪后、罪前等多方面情节。自首、立功等法定从宽处罚情节一般只及一罪;"先杀后抢"、"先抢后杀"的宣告刑应基本一致;在抢劫犯罪中一般不存在被害人有过错的情形;"赔偿免死"的前提是犯罪分子真诚悔罪。酌定从宽情节的适用亟待规范。     

论抢劫罪的加重犯

对构成抢劫罪加重犯的严重情节应该作严格的限制解释。“入户抢劫”应理解为非法侵入住宅抢劫。“在公共交通工具上抢劫”是发生在公共交通工具上并危及交通运输安全的抢劫。把“多次抢劫”规定为抢劫罪的加重犯不够妥当。“抢劫数额巨大”不包含抢劫未遂的情形。抢劫 (过失 )致死与抢劫 (故意 )杀人有必要分开作规定 ,并且对后者应规定比前者更重的法定刑。“冒充军警人员抢劫”比真正的军警人员抢劫有更严重的危害性。“持枪抢劫”不包括持假枪抢劫。     

转化型抢劫罪成立的条件

转化型抢劫是抢劫的一种特殊类型。我国刑法把转化型抢劫罪的前行为规定为“犯盗窃、诈骗、抢夺罪” ,有必要予以修改 ,但在未修改前 ,只能理解为是指构成犯罪的情形。作为转化型抢劫罪 ,行为人必须实施盗窃、诈骗、抢夺行为 ,并以非法占有为目的 ,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的 ,暴力、胁迫必须达到一定严重程度方能以抢劫罪论处     

抢劫罪既遂与未遂区分标准新探

如何区分抢劫罪的既遂与未遂,历来存在争议,尤其是1997年刑法典实施后,针对八种加重抢劫情节是否存在未遂问题,刑法理论更是聚讼不一。抢劫罪既遂与未遂的争议应立足于法益保护,立法者制定任何一条罪刑规范都有其欲意要保护的法益,只有当这一保护的法益受到侵害时,才成立犯罪既遂。据此,普通抢劫罪和加重抢劫罪除抢劫数额巨大、多次抢劫外,抢劫罪既遂与未遂的区分应以被害人是否失去对财物的控制为判断标准。     

Cashlessness and Street Crime: A Cross-national Study of Direct Deposit Payment and Robbery Rates

Substantial variation in national crime rates suggests social structure and cultural context influence offending and victimization. Several prominent criminological theories anticipate a positive association between the prevalence of cash in a society and its rates of pecuniary crime. We examined the association between one form of “cashlessness” and national robbery rates across nations (n = 67), controlling for several structural covariates of national crime rates. We obtained data on robbery from the United Nations Office on Drugs and Crime, and data on government-based cashlessness from the Global Financial Inclusion Database. We found nations with higher levels of government-based cashlessness had lower robbery rates (β = ?.41, p = .02). We also undertook several sensitivity analyses, including tests for a relationship with commercial cashlessness and for crimes like homicide and burglary. Our results suggest technological advancements that reduce cash in a society may have implications for a nation’s robbery rates.     

Robbery, recession and real wages in Hong Kong

Between 1965 and 1975 Hong Kong experienced a dramatic increase in reported crime. Criminologists have put forward two major explanations for this: 1) modernization (or convergence) theory, and 2) the alleged break-up of the police-triad (Chinese secret societies) alliance following the establishment of the Independent Commission Against Corruption. Data from the 1970s show a remarkably close relationship in Hong Kong between changes in real wages and robbery rates. In this paper we argue that declining wages are related to increased rates of such 'quick cash' crimes, particularly in societies lacking a safety net of unemployment benefits, universal health insurance and income security provisions. The results offer support for this alternative, but admittedly partial, explanation of Hong Kong's rising crime rate. This revised version was published online in July 2006 with corrections to the Cover Date.     

严打“两抢一盗”政策评析——以被害调查为视角

当前中国盗窃、抢劫和抢夺犯罪形势严峻。严打行动的开展，对于遏制该类犯罪的高发态势有着积极意义，但也存在一些不足。治理犯罪，保护民生，需要多策并举、多措并举。     

The Overrepresentation of Juvenile Crime Proportions in Robbery Clearance Statistics

Many, especially casual observers, interpret juvenile arrest statistics to bea measure of crime committed by juveniles. Others argue that clearancestatistics are a more representative index of the relative responsibility ofjuveniles. Using data from the FBI's National Incident-Based ReportingSystem, this paper explores the likelihoods of arrests for juvenile andadult robbery offenders. The findings show that juvenile robbery suspectsare 23% more likely to be arrested than adults, and 32% more likely aftercontrolling for other incident characteristics. Analyses also found anincreased likelihood of arrest in robbery incidents in which (1) the victimwas a juvenile, a female, or white; (2) the offender was white or female;and (3) the victim was injured. The presence of a weapon was not relatedto the likelihood of arrest. The differential influences of specificincident characteristics on the likelihood of arrest for juveniles andadults highlight the underlying biases of law enforcement statistics inassessing the juvenile component of crime.     

Gun Availability and Robbery Rates: A Panel Study of Large U.S. Cities, 1974–1978

This paper examines the hypothesis that crime rates and the availability of firearms form a "vicious circle," so that increases in one lead to increases in the other. Two waves of panel data are used to estimate the relationship between rates of robbery and the relative availability of guns in a sample of large U.S. cities. The results indicate that total robbery rates and gun availability had no influence on each other, but that weapons choice in robbery and gun availability did form a mutually reinforcing cycle. Some implications of these findings are considered.     

论抢劫罪死刑的立法控制

抢劫罪作为一种常见多发的传统犯罪,在我国死刑适用中占有较大的比例。如何控制抢劫罪的死刑,直接关涉死刑控制的力度与效果,因而是当前刑法理论必须直面并着力研究的问题。以比较研究为逻辑起点,结合我国的具体立法,力图着重从立法角度探索抢劫罪死刑的控制问题。     

转化抢劫罪的若干疑难问题探析

构成转化抢劫罪的前提“犯盗窃、诈骗、抢劫罪”并不要求一定达到既遂程度,也不是三个具体罪名,而是指三种行为形式。转化抢劫罪中的暴力、威胁必须达到一定程度。其主体必须年满16周岁。其目的条件之一的“毁灭罪证”不包括灭掉证人。     

The Impact of Police Stops on Precinct Robbery and Burglary Rates in New York City, 2003-2010

New York City experienced a dramatic reduction in crime during the 1990s and continuing through the first decade of the current century. Researchers and commentators have debated the role of policing in New York’s crime drop, including the crime impact of New York’s policy of “stop, question, and frisk” (SQF)—yet, prior research on the crime-reduction effects of SQF is limited in important respects. We seek to overcome many of these limitations in a study of SQF effects on yearly precinct-level robbery and burglary rates in New York between 2003 and 2010. Contrary to prior research, the study reveals few effects of SQF on robbery and burglary. We caution against drawing definitive conclusions from both the current and prior research and recommend that future research address both the impact of SQF on crime and possible collateral effects on the rights and liberties of citizens in the communities most affected by the policy.     

INFORMAL SURVEILLANCE AND STREET CRIME: A COMPLEX RELATIONSHIP*

The systemic crime model predicts that informal surveillance of space reduces street crime. Conversely, community decline theory posits that street crime reduces informal surveillance by increasing residents' perception of risk and fear. Moreover, functions of crime theory suggests that some types of crime may increase surveillance. Using data for 100 urban neighborhoods, the analysis examines these predictions and disentangles reciprocal effects. Baseline recursive equations indicate that informal surveillance is inversely associated with robbery/stranger assault, and that robbery/stranger assault is inversely associated with informal surveillance. In contrast, burglary rates are not affected by informal surveillance, but burglary has a positive effect on surveillance when robbery/stranger assault is controlled. Simultaneous equations indicate that robbery/stranger assault has a moderately strong inverse effect on informal surveillance, and that it is mediated by residents' perceptions of risk. When risk perception is controlled, informal surveillance has an inverse effect on robbery/stranger assault. The latter analysis also indicates that burglary increases surveillance, suggesting that some types of crime serve positive functions. The results, therefore, lend support to systemic, community decline, and functions of crime theory, and they suggest that the relationship between informal surveillance and crime is complex. Implications for community crime research are discussed.     

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.     

The effects of the second Intifada,terrorist acts,and economic changes on adolescent crime rates in Israel: A research note

Designed as a field quasi-experiment, this study analyzes the differences in Jewish adolescent crime rates before and after the inception of the second Intifada (September, 2000). Data covers the years between 1996 and 2003. The study focused on the relationship between the number of terrorist acts, the number of deaths in these acts, economic changes, and crime rates (murder, manslaughter, assault, mugging and robbery and property-related). The findings of the study were analyzed in terms of current theories on the impact of social and security-related stress on adolescents. The results show that the second Intifada has had significant effects on male adolescent crime rates. In particular, the number of terrorist acts was significantly associated with the following offences: assault, robbery, and manslaughter. No significant differences were found for adolescent female crime rates. Economic changes were significantly negatively related both to male adolescent crime for all the offences studied, as well as to property-related female offences.     

Social capital and crime: A cross-national multilevel study

Numerous studies have repeatedly supported the negative influence of social capital upon crime rates. Although the relationship between social capital and crime is theoretically persuasive and empirically robust, only a handful of studies have looked into its cross-national variation. Furthermore, no research in social capital has yet applied a multilevel approach to take into account both macro- and micro-level determinants of crime. In an attempt to fill in this research gap, we conducted multilevel analyses of country-level and individual-level factors of criminal victimization. Following the lead of previous studies, it was hypothesized that social capital—estimated as generalized trust, social norms, and civic engagement—reduces criminal victimization, net of individual-level determinants, and other well-established country-level factors. The results revealed that while a higher level of social capital was found to reduce the likelihood of robbery victimization, no significant impact was observed on burglary victimization. With regard to the three dimensions of social capital, generalized trust and social norms exerted significant effects on robbery victimization in the expected direction.     

IMMIGRATION AND THE RECENT VIOLENT CRIME DROP IN THE UNITED STATES: A POOLED,CROSS‐SECTIONAL TIME‐SERIES ANALYSIS OF METROPOLITAN AREAS*

A good deal of research in recent years has revisited the relationship between immigration and violent crime. Various scholars have suggested that, contrary to the claims of the classic Chicago School, large immigrant populations might be associated with lower rather than higher rates of criminal violence. A limitation of the research in this area is that it has been based largely on cross‐sectional analyses for a restricted range of geographic areas. Using time‐series techniques and annual data for metropolitan areas over the 1994–2004 period, we assess the impact of changes in immigration on changes in violent crime rates. The findings of multivariate analyses indicate that violent crime rates tended to decrease as metropolitan areas experienced gains in their concentration of immigrants. This inverse relationship is especially robust for the offense of robbery. Overall, our results support the hypothesis that the broad reductions in violent crime during recent years are partially attributable to increases in immigration.     

Reconsidering the Relationship Between Welfare Spending and Serious Crime: A Panel Data Analysis with Implications for Social Support Theory

Several researchers have found an inverse relationship between welfare spending and serious crime. With few exceptions, these findings have been based on cross‐sectional designs, single measures of welfare spending, and few indicators of crime. In response to these limitations, the relationship between welfare spending and crime was reconsidered using panel data from California counties. Fixed‐effects regressions revealed virtually no relationship between several measures of welfare spending and five types of serious crime: (1) homicide; (2) robbery; (3) assault; (4) burglary; and (5) larceny. The estimates were resistant to numerous robustness checks and alternative specifications. The most plausible explanation for the findings is that heterogeneity was not controlled for in previous studies. Implications for social support theory are discussed.