SoTE: Strategy of Triple-E on solving Trojan defense in Cyber-crime cases

Cyber activity has become an essential part of the general public's everyday life. The hacking threats of Cyber-crime are becoming more sophisticated as internet communication services are more popular. To further confirm the final finding of Cyber-crime, this study proposes three analytical tools to clarify the Cyber-crime issues by means of Ideal Log, M-N model and MDFA (Multi-faceted Digital Forensics Analysis) strategy, where Ideal Log is identified as a traceable element of digital evidence including four elements of IP Address, Timestamp, Digital Action, and Response Message. M-N model applies a formal method for collating and analyzing data sets of investigation-relevant logs in view of connected time with ISP logs. MDFA strategy attempts to outline the basic elements of Cyber-crime using new procedural investigative steps, and combining universal types of evidential information in terms of Evidence, Scene, Victim, and Suspect. After researchers figure out what has happened in Cyber-crime events, it will be easier to communicate with offenders, victims or related people. SoTE (Strategy of Triple-E) is discussed to observe Cyber-crime from the viewpoints of Education, Enforcement and Engineering. That approach is further analyzed from the fields of criminology, investigation and forensics. Each field has its different focus in dealing with diverse topics, such as: the policy of 6W1H (What, Which, When, Where, Who, Why, and How) questions, the procedure of MDFA strategy, the process of ideal Logs and M-N model. In addition, the case study and proposed suggestion of this paper are presented to counter Cyber-crime.     

比较视野中的犯罪行为——兼论犯罪行为学的诞生

在犯罪学和刑法学的双重视野里,“犯罪行为”并不是含义统一的概念。考察犯罪行为应当在自然行为的基础上进行,这是考察犯罪行为的底线。为了统一“犯罪行为”的定义,犯罪学和刑法学都面临着转变。在科学定名的基础上,具体需要解决三个问题：一是科学设定“犯罪行为”模型,合理规定具体犯罪罪状;二是制定应用“犯罪行为”模型的实体过程规则;三是形成一套指导犯罪行为模型构建和应用的理论,揭示犯罪学关注的散在性动态“犯罪行为”过渡到刑法学关注的可以被刑法规范评判的静态“犯罪行为”的规律。     

Influencing public policy: an embedded criminologist reflects on California prison reform

Criminologists bemoan their lack of influence on U.S. crime policy, believing that the justice system would be improved if their research findings were more central in decision making. I had an opportunity to test that notion as I participated in California’s historic attempt to reform its prisons over the past 4 years. I became an embedded criminologist, where I was able to observe and contribute to the inner workings of state government. This article reports on my accomplishments with respect to fostering research activities and shifting the department’s focus towards prisoner reintegration. It discusses some of the lessons I learned, including the personal toll that such work entails, the importance of the timing of policy initiatives, and the power of rigorous methodology and clear communication. I conclude by recommending that other policy-oriented criminologists seek out similar experiences, as I believe our academic skills are uniquely suited and ultimately necessary to create a justice system that does less harm.

Reckless’ passage to India: assessing the cross-national influence of American criminology

The contributions of American criminologist, Walter C. Reckless, to the development of the field of criminology and criminal justice in India are described. These are assessed in the light of recent debates about criminological knowledge transfer from developed to developing countries and regarding the influence of American criminology on its Asian counterparts.     

Where the wild things are: animal victimization in federal environmental crime cases

Although there has been a marked increase in studies of animal abuse from a variety of socio-legal and green criminological perspectives in the past two decades, we have a limited empirical understanding of the extent of animal victimization in environmental crime prosecutions in the United States. In order to better understand the nature and distribution of animal victimization in environmental crime prosecutions, we employ a content analysis of federal environmental crime cases, 2001–2011. Out of 972 cases, results show identifiable animal victimization plays a role in six percent of cases. Although animal victimization in environmental crime may be extensive, its role in environmental prosecutions appears secondary. We conclude with possibilities of expanding animal protection via wildlife and environmental law connections.     

刑事违法性的源流及相关范畴

刑事违法性作为一种规范评价,本质是法益侵害,社会危害性的内容应解读为法益侵害。我国旧刑法在规定类推制度的前提下,犯罪模式是以社会危害性为主,以刑事违法性为辅的;新刑法确定罪刑法定原则后,社会危害性以"但书"规定,在司法范围内具体的、个别的判断中发挥着出罪的作用,犯罪模式演变为刑事违法性为主,社会危害性为辅。危害性判断是罪刑法定原则的补充,与刑事违法性并无冲突。以此二元模式为基础,构建我国刑法中以肯定入罪要件和否定出罪要件为要素的双层递进的犯罪论体系。     

On creating ethical,productive, and durable research partnerships with police officers and their departments: a case study of the National Justice Database

ABSTRACT

Translational policing science must begin with explicitly communicated research aims and a shared vision for promoting safety. For researchers to approach police departments without first considering the concerns held by officers and their departments at large, is unethical, unproductive, and undermines efforts to secure longstanding mutually useful researcher-practitioner partnerships. In presenting a case study analysis of the multi-method National Justice Database’s recruitment practices, this article highlights some of the challenges that emerge when articulating study aims that hold relevance for public safety; defining theoretically- and solution-oriented research questions; administrative police data collection, analysis, and dissemination; and bolstering human research subject protection protocols for sworn officers who may be justifiably reluctant to participate in social science research endeavors. Implications for ethical policing research practice, fostering collaborative researcher-practitioner partnerships, and leveraging the benefits of data science are also discussed.     

A four-phase process for translating research into police practice

ABSTRACT

This article presents a framework that extends the discussion of translational criminology and the dynamic process of translating research to practice. The goal is to provide an explicit dissection of the translation process into four phases to help outline a structured way of thinking about how to incorporate research into police practice. The four-phases include: Phase I: ‘Does it Work?’ Research and Evaluation; Phase II: ‘What Works?’ Synthesis and Dissemination; Phase III: ‘How to Make it Work?’ Implementation and Evaluation; and Phase IV: ‘Make it Work!’ Institutionalization and Sustainability. The process is founded in implementation science and the ‘Knowledge to Action’ model (KTA) used in the medical and public health fields, as well as current translation activities for policing, and the authors’ experience as practitioners, researchers, and ‘translators’ over the last 25 years. It is the hope that parsing out four distinct phases for the translation of research to practice will assist researchers and police leaders to identify and fill gaps in current and future translation activities.     

RACIAL–ETHNIC THREAT,OUT‐GROUP INTOLERANCE,AND SUPPORT FOR PUNISHING CRIMINALS: A CROSS‐NATIONAL STUDY*

Scholars often have used the group threat thesis to explain why punitiveness varies across places. This research regularly has found that punitiveness is harsher in places with a larger minority population. Yet researchers only have had a rudimentary grasp of why this is the case. Moreover, most prior research has focused only on the United States, giving us little knowledge of whether the group threat thesis is a viable explanation of cross‐national differences in punitiveness. In the current study, we postulate that the relative size of the out‐group population affects punitiveness indirectly, via its impact on individual intolerance toward ethnic out‐groups. We test this thesis cross‐nationally with data from individuals residing in 27 European countries. Our findings are consistent with the argument that greater racial/ethnic diversity at the country level affects individuals’ attitudes toward minority out‐groups, which in turn increases their support for severely punishing criminal offenders.     

面方犯罪学社会支持理论研究及其借鉴意义

社会支持理论在西方犯罪学领域产生与发展之前,早已存在并应用于精神卫生研究等领域。西方犯罪学社会支持理论极力推崇一种积极的刑事政策,这对于当前处于社会转型期的中国所面临的许多弱势群体犯罪问题,如青少年犯罪、女性犯罪、老年犯罪、农民工犯罪、农村留守人员犯罪等,具有一定的解释力,有着重要的理论借鉴价值和社会实践意义。