书面言语识别在案件侦破中的运用

本文结合实际案例,阐释了运用书面言语识别技术刻画书写人的方法,并总结了运用书面言语识别技术在侦破工作中的应用体会。     

论表达自由的界限（上）——从比较法、特别是普通法的视角切入

表达自由是自由社会的人们享有的一项带有普遍性的、根本性的权利,通常表现为宪法或法律规定的权利。鉴于各国政治和法律体制以及文化环境之不同,人们享有该项权利的普遍性和充分性存在很多差别,因此,可从比较法,特别是普通法的角度关注该项根本权利的行使及对其设定的界限和施加的限制,集中展示强加这等界限或限制的法理学说、理据以及方法和途径,并分析提出具有普遍意义的结论。     

Ben L. Reitman,MD: colorful critical criminologist

Ben Reitman, a medical doctor, fought throughout his life for greater sympathetic understanding of and assistance to American’s underdogs. He spent his early years living among social outcasts and riding the rails with hobos. He then teamed up with Emma Goldman to advance her political agenda of anarchist ideas and in support of free speech. After an amiable split with Goldman, he worked in Chicago, treating prostitutes, performing illegal abortions, combating venereal disease, and battling to make birth control information freely available. Reitman also associated with several of the prominent members of the University of Chicago’s stellar sociology faculty and contributed importantly to their studies of urban life.     

Hate,Threats, and Violence. A Register Study of Persons Suspected of Hate Crime

This article focuses on individuals suspected of hate crimes with xenophobic, Islamophobic, and homophobic motives. The objective is to fill a gap in the knowledge left by existing research, which has primarily focused on victims and definitional problems. This article's genuine contribution to new research is the comparative perspective and the study of co-offending and specialization in offences for persons suspected for hate crimes. To find persons suspected for hate crimes, register data relating to hate-crime-motivated assault and unlawful threats/molestation offences from 2006 have been used. The study is based on a total of 1,910 offence reports together with information from the Registers of Suspected and Convicted Offenders for 558 persons suspected for hate crimes. Xenophobic hate crimes are over-represented in the material by comparison with homophobic and Islamophobic hate crimes. In the reports that have information about the relation between victim and perpetrators, it is more common for the perpetrators to be known than unknown to the victims. In cases where a suspected person has been identified, males are in a clear majority. Those suspected of homophobic hate crimes have the lowest mean age. Only a small number of offence reports include information on suspected co-offenders. Fifty-five per cent of the suspected people have prior registered convictions. It is very uncommon for them to be specialized in violent offences or unlawful threats/molestation, however. It is not possible to generalize the results to perpetrators of hate crimes, because 70% of the offence reports did not have information of suspected persons.     

HIGH TIMES FOR HATE CRIMES: EXPLAINING THE TEMPORAL CLUSTERING OF HATE‐MOTIVATED OFFENDING

This research explains the temporal clustering of hate crimes. It is hypothesized that many hate crimes are retaliatory in nature and tend to increase, sometimes dramatically, in the aftermath of an antecedent event that results in one group harboring a grievance against another. Three types of events are used to test and refine the argument: 1) contentious criminal trials involving interracial crimes, 2) lethal terrorist attacks, and 3) appellate court decisions concerning same‐sex marriage. The results from time‐series analyses indicate that contentious trial verdicts and lethal domestic terrorist attacks precede spikes in racially or religiously motivated hate crimes, whereas less evidence is found for antigay hate crimes after appellate court rulings that grant rights to same‐sex partners. The model put forth in this article complements prior work by explaining in part the timing of hate crime clusters.     

网络空间的罪与罚——关于网络诽谤罪的思考

加大打击网络诽谤是切实保护公民名誉权的现实需要,有利于促进网络信息的健康发展。但操作不当则可能压制言论自由和网络反腐,不利于推进社会的民主化进程。如何实现言论自由与名誉权保护的平衡,不仅触及社会的敏感神经,更对顶层设计和执法能力提出了严峻的考验,值得深入思考。     

人大代表职务行为合法化探究

人大代表职务行为属于刑法中的正当化事由之一,尽管对一定的法益造成了损害,也不能以犯罪论处。人大代表职务行为的合法化条件包括前提条件、主体条件、行为条件、对象条件、限度条件以及主观条件。人大代表职务行为与律师辩护行为、控告、举报行为之间既存在着相同点,又有着明显差异。     

美国仇恨犯罪论纲

仇恨犯罪是指全部或部分因对他人的种族、宗教、残疾、性倾向有强烈歧视而推动的侵害人身、财产、社会的刑事恶行。剖析美国仇恨犯罪能够为我国犯罪学去粗求精、提高理论敏感性、有针对性地攻克理论难关提供思路。仇恨犯罪人在确证自己所信奉的文化观念后采取非法手段,实现自己创造的象征性价值。野蛮的宣泄歧视情绪的亚文化能够在潜在的犯罪人群中得到认同,这是仇恨犯罪形成的重要原因。     

Not Our Kind of Hate Crime

Law and Critique - Implicit in hate crime is the premise that certain types of violence can be usefully articulated through the concept of hate. This article seeks to raise some questions about...     

The Organisation of Hate

In this paper, it is argued that we need to understand the role of ‘hate’ in the organisation of bodies and spaces before we ask the question of the limits of ‘hate crime’ as a legal category. Rather than assuming hate is a psychological disposition - that it comes from within a psyche and then moves out to others - the paper suggests that hate works to align individual and collective bodies through the very intensity of its attachments. Such alignments are unstable precisely given the fact that hate does not reside in a subject, object or body; the instability of hate is what makes it so powerful in generating the effects that it does. Furthermore, although hate does not reside positively in a subject, body or sign, this does not mean that hate does have effects that are structural and mediated. This paper shows that hate becomes attached or ‘stuck’ to particular bodies, often through violence, force and harm. The paper dramatizes its arguments by a reflection on racism as hate crime, looking at the circulation of figures of hate in discourses of nationhood, from both extreme right wing and mainstream political parties. It also considers the part of what hate is doing can precisely be understood in terms of the affect it has on the bodies of those designated as the hated, an affective life that is crucial to the injustice of hate crime. This revised version was published online in July 2006 with corrections to the Cover Date.