论“在公共交通工具上抢劫”的认定

抢劫罪八种加重处罚情节中,“在公共交通工具上抢劫”的认定,是司法实践中的一大难点。从立法本意出发,分析“公共交通工具”的含义,可见最高院的司法解释将小型出租汽车和单位内部班车排除在“公共交通工具”之外的合理性。同时未经合法程序审批而实际从事公共旅客运输的机动车,也应视为“公共交通工具”。在公共交通工具上抢劫实际上包含两种情形,其认定应注意几个问题。     

试析“两抢一盗”案件的规律特点、成因及打防对策

"两抢一盗"案件是指抢劫、抢夺、盗窃案件,系典型的侵财型犯罪。此类案件量大面广,不仅主导着刑事案件的发案态势,也严重影响着人民群众的生命财产安全。虽然自2005年起公安部多次开展全国范围的严打整治专项行动,但是此类犯罪仍然居高不下。因此,根据"两抢一盗"案件的规律特点、成因制定打防对策是公安机关需要认真研究的重要课题。     

盗掘古墓葬犯罪及其应对

盗掘古墓葬犯罪是妨害文物管理罪中危害最大的一类犯罪行为。我国盗掘古墓葬犯罪呈现集团化、专业化、暴力性、腐蚀性等特点。公安机关和文物管理部门应当充分依靠群众,从事前、事中和事后等各个环节,全方位地对此类犯罪予以预防、控制和打击。     

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。     

论广东街面“两抢一盗”犯罪的精确打击

严厉打击街面“两抢一盗”犯罪活动,是当前公安中心工作的重要任务之一。通过提高侦查人员的综合素质,加强对“两抢一盗”犯罪情报信息研判,精确获取街面“两抢一盗”犯罪证据,实施精确打击,是“专项整治”遏制“两抢一盗”犯罪的需要,是提高办案质量和对犯罪人员的打击处理率的重要保证,是公安机关打击街面“两抢一盗”犯罪这场战役是否取得成效的重要标准,也是我们当前加强街面“两抢一盗”犯罪案件侦查工作问题研究所面临的一个重要课题。     

略论海上抢劫特点

海上抢劫犯罪活动区域非常广阔 ,涉及海上和陆上 ;犯罪预谋性强 ,准备比较充分 ;犯罪多为团伙作案 ,成员复杂 ;犯罪行为暴力色彩浓厚 ;窝赃销赃地选择性大 ;犯罪案件侦查涉外因素较多 ,取证较为困难     

TESTING FOR TEMPORALLY DIFFERENTIATED RELATIONSHIPS AMONG POTENTIALLY CRIMINOGENIC PLACES AND CENSUS BLOCK STREET ROBBERY COUNTS

This study examined street robbery patterns in Philadelphia, Pennsylvania, from the years 2009 to 2011 to determine whether the effects of potentially criminogenic places are different across different periods of the day. Census block (N = 13,164) street robbery counts across four periods (6:45 a.m . to 9:59 a.m., 10:00 a.m . to 4:29 p.m ., 4:30 p.m . to 9:14 p.m ., and 9:15 p.m. to 6:44 a.m. ) were modeled with 12 different potentially criminogenic places, 3 measures of illicit markets, 4 compositional control variables, and spatially lagged versions of the 12 potentially criminogenic places and population using simultaneously estimated negative binomial regression models. Differences in the magnitudes of the parameter estimates across the time periods were assessed with Wald tests. Overall, the patterns across the four models were mostly consistent with the effects hypothesized based on the study's crime pattern theory and time‐geography theoretical frame; yet differences in the magnitudes of the coefficients were less pronounced than hypothesized. Overall, the results provide moderate support for the crime pattern theory and time‐geography explanation of spatial‐temporal robbery patterns; however, numerous points are raised for future crime and place research.     

Crime Trends in the EU

The paper’s aim is to show to EU policy makers, academics, journalists and the general public what the available information tells us about crime levels, trends in crime and public opinion about crime among Member States. The paper centres on an analysis of current trends on crime levels and trends based on the data available both from victimisation surveys and police statistics. The victimisation survey source is the published data collected in the International Crime Victimisation Survey. A separate analysis based on the Eurobarometer was also carried out. Data on police statistics present two separate sources i.e. the Council of Europe Sourcebook and the crime data published annually by the UK Home Office. These two sources both add considerable value to the raw police statistics by their choice of data, their commentary and their technical explanations and definitions. The paper compares data on three crime types (robbery, domestic burglary and theft of a motor vehicle) across the 15 Member States of the European Union (as in 2003). These three types were selected in line with the priorities of the EU Commission and as types of crime that are a major concern for EU-citizens. The paper has been modified from a report produced by the European Crime prevention network for the EU Directorate of Justice and Home Affairs with the permission of the EU. The members of the network are listed in the appendix.     

Accidental death by gunshot wound — fact or fiction

Accidental deaths by firearm injury were studied over 11 years, 1972–1982, in Metro-Dade County. A total of 54 cases were studied. After noting the percentage of the cases that occurred by year, the age, race, sex, of the victim were tabulated. Type of weapon, body part involved, whether self-inflicted or not, blood alcohol of victim were also studied along with scene circumstances. A final admonition to the reader on how to handle such cases is discussed.     

Bank security dye packs: synthesis, isolation, and characterization of chlorinated products of bleached 1-(methylamino)anthraquinone

Banknote evidence is often submitted after a suspect has attempted to disguise or remove red dye stain that has been released because of an anti-theft device that activates after banknotes have been unlawfully removed from bank premises. Three chlorinated compounds have been synthesized as forensic chemical standards to indicate bank security dye bleaching as a suspect's intentional method for masking a robbery involving dye pack release on banknotes. A novel, facile synthetic method to provide three chlorinated derivatives of 1-(methylamino)anthraquinone (MAAQ) is presented. The synthetic route involved Ultra Clorox bleach as the chlorine source, iron chloride as the catalyst, and MAAQ as the starting material and resulted in a three-component product mixture. Two mono-chlorinated isomers (2-chloro-1-(methylamino)anthraquinone and 4-chloro-1-(methylamino)anthraquinone) and one di-chlorinated compound (2,4-dichloro-1-(methylamino)anthraquinone) of the MAAQ parent molecule were detected by gas chromatography mass spectrometry (GC-MS), and subsequently isolated by liquid chromatography (LC) with postcolumn fraction collection. Although GC-MS is sensitive enough to detect all of the chlorinated products, it is not definitive enough to identify the structural isomers. Liquid-state nuclear magnetic resonance (NMR) spectroscopy was utilized to elucidate structurally the ortho- and para-mono-chlorinated isomers once enough material was properly isolated. A reaction mechanism involving iron is proposed to explain the presence of chlorinated MAAQ species on stolen banknotes after attempted bleaching.