蚂蚁花呗套现行为之刑法评价 ——以解构冒用他人账号进行套现为切入

随着互联网金融的发展,花呗等类似信用卡的透支工具出现在人们的消费方式中,以花呗套现为代表的新型套现方式也成为问题。司法实践中,围绕冒用他人支付宝账户进行花呗套现行为应如何认定的问题争论不休,有观点主张按传统信用卡诈骗罪处理,亦有观点则认为不应将花呗产品认定为信用卡,其更符合盗窃、诈骗罪的犯罪构成,还有观点认为可将花呗套现行为解释为非法经营罪进行规制。逐一分析上述观点,结合花呗套现自身特点,在恪守罪刑法定原则的前提下,可以找到对于该种行为的合理规制。     

挪用资金犯罪案件的难点及对策探究

随着经济社会高速发展,挪用资金案件逐渐在人们的视野中显露。近年来,挪用资金案件逐渐呈现成员复杂化、手段智能化等趋势,严重危害了社会秩序。挪用资金犯罪案件的主体难以认定,犯罪的强隐蔽性给该类案件的侦查工作带来了不小的困难。为解决当前打击挪用资金犯罪中存在的问题,必须对该类案件现状和特点进行分析,找出其侦查难点,从而为公安机关打击和防范挪用资金案件提供有力的思路和方法。     

A Computational Framework for Age‐at‐Death Estimation from the Skeleton: Surface and Outline Analysis of 3D Laser Scans of the Adult Pubic Symphysis

In forensic anthropology, age‐at‐death estimation typically requires the macroscopic assessment of the skeletal indicator and its association with a phase or score. High subjectivity and error are the recognized disadvantages of this approach, creating a need for alternative tools that enable the objective and mathematically robust assessment of true chronological age. We describe, here, three fully computational, quantitative shape analysis methods and a combinatory approach that make use of three‐dimensional laser scans of the pubic symphysis. We report a novel age‐related shape measure, focusing on the changes observed in the ventral margin curvature, and refine two former methods, whose measures capture the flatness of the symphyseal surface. We show how we can decrease age‐estimation error and improve prior results by combining these outline and surface measures in two multivariate regression models. The presented models produce objective age‐estimates that are comparable to current practices with root‐mean‐square‐errors between 13.7 and 16.5 years.     

Hierarchical,Three‐Dimensional Measurement System for Crime Scene Scanning

We present a new generation of three‐dimensional (3D) measuring systems, developed for the process of crime scene documentation. This measuring system facilitates the preparation of more insightful, complete, and objective documentation for crime scenes. Our system reflects the actual requirements for hierarchical documentation, and it consists of three independent 3D scanners: a laser scanner for overall measurements, a situational structured light scanner for more minute measurements, and a detailed structured light scanner for the most detailed parts of tscene. Each scanner has its own spatial resolution, of 2.0, 0.3, and 0.05 mm, respectively. The results of interviews we have conducted with technicians indicate that our developed 3D measuring system has significant potential to become a useful tool for forensic technicians. To ensure the maximum compatibility of our measuring system with the standards that regulate the documentation process, we have also performed a metrological validation and designated the maximum permissible length measurement error E_MPE for each structured light scanner. In this study, we present additional results regarding documentation processes conducted during crime scene inspections and a training session.     

Perceptions of gender-based violence around public toilets in Mumbai slums

ABSTRACT

The lack of adequate public toilets and associated gender-based violence around their use is a matter of concern in many developing countries and has recently come to the forefront of the political agenda and media discourse in India. Previous research suggests the absence of lighting, inadequate provision of basic sanitation, poor design and siting of toilets, and lack of police presence in slums as facilitators for violence against women. However, the evidence is often anecdotal and usually unsystematic. The exact extent of crimes against women in these circumstances is unknown because unsurprisingly women in slums rarely report crimes to the police, either due to fear or lack of access. The research reported in this paper gauges women’s perception and experience of crime and violence around different types of public toilets in two slums areas in Mumbai, India. A survey of 142 households indicated that although women’s fear of crime was higher than their actual experience, the perception of insecurity was not uniform for all toilet types and locations. Findings also indicated that there was at least minimal provision of toilet facilities, basic security features, water, and electric supply in the research sites. Furthermore, greater police presence and previous contact with the police in one slum area led for greater confidence in reporting offences to the police as compared to the other. Overall, better provision of lighting and regular police patrols were considered by a majority of those surveyed to reduce fear of crime around toilets.     

“Good moral characters”: how drug felons are impacted under state marijuana legalization laws

This article examines how drug felons will be impacted by marijuana legalization in the United States. What will happen to drug felons whose charges would be legal under current law? Can drug felons work in the newly developing legal marijuana industries? In this article we will overview the statistics on arrests and convictions with their high rates of racial disparities. The war on drugs has inspired the development of more repressive criminal justice tactics such as asset forfeiture, high rates of re-incarceration during parole for marijuana violations, drug courts and their further reach into lifestyles, and the difficulties of prisoner reentry, especially for drug felons, who are barred from many jobs and social services. We will look at the regulations of felony offenders working in the cannabis industry. And we will consider the outcomes of retroactive ameliorative relief for this case of marijuana possession felonies under legalization.     

Assessing and managing risk for intimate partner violence: Police employees’ use of the Police Screening Tool for Violent Crimes in Scania

Relapse into intimate partner violence (IPV) can potentially be predicted and counter-measures applied. This study examines the predictive validity of a violence risk assessment tool: the Police Screening Tool for Violent Crimes (PST-VC) among a sample of 65 offenders. All PST-VC assessments regarding IPV that were conducted at the Scania police department in 2010 were included in the sample. Follow-up time was 16–28 months, and all reported incidents with the same victim and suspected offender were recorded. The PST-VC demonstrated limited effect in the ability to identify high-risk offenders and predict repeat victimization. Interventions against the offender and victim protective actions were more often recommended in high-risk cases but did not lower the number of IPV relapses. The study suggests that the PST-VC is not a promising instrument.     

Acculturation and fear of crime among Hispanics

Fear of crime has attracted significant attention in academic research. One area that has largely been overlooked concerns fear of crime correlates among Hispanics, the largest ethnic minority group in the United States. Their unique cultural background as immigrants make them different from Non-Hispanic Whites and African Americans, and they all go through the acculturation process to some degree. However, the influence of acculturation has seldom been incorporated into the analysis. The current study attempts to use the acculturation thesis to examine two different types of fear among Hispanic residents in Houston, Texas. The findings suggest that acculturation is a significant predictor of crime-specific fear at home, but not of fear of crime in the neighborhood.     

Perceived risk of crime: A tale of two immigrant groups in Metro Detroit

A particular source of anxiety for many immigrants is personal safety. This study examines the levels and correlates of perceived risk of crime among two understudied immigrant groups, Arab and Chinese immigrants, who resided in an understudied geographic area, the Detroit metropolitan area. Results suggested several universal and immigrants-specific correlates that are significant predictors of Arab and/or Chinese immigrants' perceptions of crime, including self-defense ability, police effectiveness, neighborhood collective efficacy, language proficiency, expectation of U.S. crime condition prior to arrival, and perception of home society crime. Implications for future research are discussed.