浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

IMPACT OF VICTIMIZATION ON RESIDENTIAL MOBILITY: EXPLAINING RACIAL AND ETHNIC PATTERNS USING THE NATIONAL CRIME VICTIMIZATION SURVEY

Criminal victimization is known to influence households’ moving decisions, but theories suggest that the processes leading to a moving decision can vary across racial and ethnic groups. Drawing from current literature, we hypothesized that victimization would have a stronger effect on moving decisions for Whites than for Blacks or Hispanics, and that racial/ethnic residential segregation would moderate the impact of victimization on mobility. Using a longitudinal sample of 34,134 housing units compiled from the National Crime Victimization Survey for the 40 largest metropolitan areas in the United States (1995–2003), we found results that both support and contradict the hypotheses. Specifically, White residents display consistent evidence that victimization is a significant predictor of household mobility. Blacks and Hispanics, in contrast, are more varied in their moving behavior after victimization. In addition, significant differences exist among these groups in responses to victimization and in how mobility is influenced by residential segregation. Higher levels of residential segregation play a part in the victimization–mobility relationship among Blacks in a way that is more complex than we hypothesized.     

Area Differences and Time Trends in Crime Reporting: Comparing New York with Other Metropolitan Areas

Police measures of crime are shaped by victims’ decisions to notify the police. To obtain a better understanding of US crime trends, this study uses the National Crime Victimization Survey to examine geographic differences and temporal trends in crime reporting in New York and other metropolitan areas for the period 1979-2004. We find that net of crime characteristics and survey methodology, the New York metropolitan area showed fewer increases in crime reporting than did other metropolitan areas. These divergent trends suggest that the real differences in the drop of nonlethal violence between New York and other areas may have been smaller than those indicated by police-based crime statistics. We also find that from the early 1990s to 2004, New York showed a sharp decrease in the likelihood of victims perceiving that “police wouldn’t help.” This trend suggests that police reforms in New York City have not resulted in more victims using police-related reasons to explain their nonreporting behavior. Instead, researchers need to develop a broader theoretical framework (not an exclusive focus on police actions) to understand how police- and nonpolice-related factors may explain the geographic variation in the trends of reporting observed in this study.     

Swedish crime scene technicians: facilitations,epistemic frictions and professionalization from the outside

ABSTRACT

This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.     

从融合到分立:儿童网络色情信息犯罪的刑事规制

儿童网络色情信息犯罪侵害的法益是"直接层法益"与"间接层法益"双重法益。"直接层法益"为儿童的身心健康权利与以"免受性剥削和性虐待"为核心的被动性的性权利,"直接层法益"为个人法益;"间接层法益"为性道德等社会法益。而成年人网络色情信息犯罪侵害的主要是基于"性的隐秘性"善良性风尚和性道德的社会法益。法益具有立法检视功能和区分功能,客观上需要将儿童网络色情犯罪与成年人网络色情犯罪分离,进而设置独立的刑事规范,并对儿童网络色情信息范围、犯罪行为类型及网络服务提供商的责任重新进行建构。     

Chasing ghosts: An investigation of the ghosting phenomenon in footprints

Ghosting is a phenomenon that has been identified in dynamic (walking) footprints. There is sparse research on the occurrence of ghosting; however, due to the forensic value of footprints and their use in other scientific fields, the phenomenon of ghosting warrants further study. Ghosting can be used to determine if a footprint is static (standing) or dynamic, which can help forensic investigators create a sequence of events at a crime scene. Furthermore, this can help in footprint comparisons from this determination, as “like versus like” comparisons of dynamic or static footprints can be made. The purpose of this research was to determine the prevalence and locations of the ghosting phenomena in dynamic footprints.136 dynamic footprints from 68 volunteers were collected using an inkless collection system. Each footprint was visually inspected for ghosting as well as examined using software.Ghosting was present on at least one location in all footprints. The highest prevalence occurred at the tip of the great toe, followed by the second digit and the heel. To a lesser extent, ghosting appeared at the tips of the other three digits. Ghosting often occurred at two or more areas in a given footprint.     

由青少年严重刑事犯罪的现场透视其犯罪心理

青少年严重刑事犯罪已经引起有关专家学者的高度重视,但是其现场特征及由此折射出的青少年犯罪心理却常被人们所忽视。因此,有必要透过青少年严重刑事犯罪的现场,分析其犯罪心理的产生、特点,并在此基础上提出矫正建议。     

艾滋病人违法问题现状及解决方法初探

随着艾滋病的流行,艾滋病人犯罪已屡见不鲜,而对于艾滋病犯罪难以立法、难以收押、难已量刑已成为这一重大社会问题的瓶颈。本文通过对艾滋病违法犯罪成因及现状分析,指出了艾滋病犯罪问题面临的困难,并对艾滋病收押情况进行了综述,最后对解决艾滋病犯罪问题进行了初探。     

试论法人在我国刑事诉讼中的地位与作用

作为法律上的一种抽象人格,法人不仅是民事主体,同样可以成为刑事主体。法人犯罪已被正式纳入我国刑法典之中。法人在刑事诉讼中,可以作为犯罪嫌疑人、被告人,同样也可以以被害人、证人、鉴定人、法定代理人的身份参与刑事诉讼,享有其应有的诉讼权利并承担相应的诉讼义务。其在刑事诉讼中的地位和作用 不容忽视。     

现行经济犯罪初查制度瓶颈的突破与完善

当前,经济犯罪初查制度面临诸项瓶颈,原因是立案条件过高,初查难以达到证明标准;现有初查手段有限且受限制过多,难以应对经济犯罪初查的复杂形势;初查行为性质法律界定不明,讼争纷纭。故此,应对经济犯罪初查制度进行司法性改良;解构当前的程序顺位,重建经济犯罪初查制度;构建司法审查机制,重构经济犯罪初查的支撑体系。