Terrorism and Organised Crime: Co-operative Endeavours in Scotland?

It has been suggested that a nexus between terrorist groups and those involved in organised crime exists. This study explores the co-operative possibilities that exist between these phenomena, focusing specifically on the level of assistance participants in organised criminal activity might provide to those engaged in terrorism, the “initial nexus.” This was achieved initially through interviews with subject matter experts with knowledge of the organised crime and counter terrorism situation in Scotland. Thereafter, law enforcement personnel who investigate serious and organised crime were interviewed, and their opinions sought in respect of the likely actions of those they investigate. The data gathered is subject to analysis and comment are provided as to what level of co-operation between those involved in organised crime and terrorism can be expected; what motivational factors may have a bearing on the level of co-operation provided; and discussion of “tipping points,” ethical or otherwise, where the withdrawal of co-operation could occur, providing opportunities for increasingly successful law enforcement intervention.     

巨额财产来源不明罪探析

为了加强对贪污贿赂犯罪的打击力度,现行刑法增设了巨额财产来源不明罪,但该罪在司法实践中日益暴露出其立法及前置制度不健全等问题,因而必须从刑法理论上加以完善,以满足反腐倡廉的实际需要.     

过失犯的构成要件构造及其适用

如何适用刑法对过失犯予以处罚,虽然在刑法理论上有各种不同学说,然而均缺乏从过失犯整体构成要件的角度进行思考。本文认为,过失犯的注意义务之未规定属于立法者未能详尽地描述出的犯罪行为构成要素,这样,根据条文对犯罪构成要件的规定还无法推断行为的违法性,还必须由法官对注意义务作出必要的补充判断,因此其在构成要件构造上属于开放性的。分析过失犯的构成要件构造是对过失犯理论研究领域的拓展,有利于我们明确过失犯的类型性意义,以提倡法官对超出立法技术限度的注意义务进行补充。过失犯注意义务之未规定不属于法律漏洞,对之应该采用狭义的法律解释方法适用之。     

IMMIGRATION AND THE RECENT VIOLENT CRIME DROP IN THE UNITED STATES: A POOLED,CROSS‐SECTIONAL TIME‐SERIES ANALYSIS OF METROPOLITAN AREAS*

A good deal of research in recent years has revisited the relationship between immigration and violent crime. Various scholars have suggested that, contrary to the claims of the classic Chicago School, large immigrant populations might be associated with lower rather than higher rates of criminal violence. A limitation of the research in this area is that it has been based largely on cross‐sectional analyses for a restricted range of geographic areas. Using time‐series techniques and annual data for metropolitan areas over the 1994–2004 period, we assess the impact of changes in immigration on changes in violent crime rates. The findings of multivariate analyses indicate that violent crime rates tended to decrease as metropolitan areas experienced gains in their concentration of immigrants. This inverse relationship is especially robust for the offense of robbery. Overall, our results support the hypothesis that the broad reductions in violent crime during recent years are partially attributable to increases in immigration.     

WHERE OFFENDERS CHOOSE TO ATTACK: A DISCRETE CHOICE MODEL OF ROBBERIES IN CHICAGO*

Why do robbers choose a particular area to commit an offense? Do they rob close to home? Do they search for areas with suitable and attractive targets? What keeps them away from certain areas? To answer these questions, a model is developed of how robbers choose target areas. The model draws on various theoretical and empirical traditions, which include environmental criminology, journey to crime research, gang research, and social disorganization theory. Testing the model on cleared robbery cases in Chicago in the years 1996–1998, we demonstrate that robbery location choice is related to characteristics of target areas, to areas where offenders live, to joint characteristics of the resident and target areas, and to characteristics of the offenders themselves. The presence of illegal markets and other crime generators and crime attractors make areas attractive for robbers, whereas collective efficacy seems to keep them out. Distance as well as racial and ethnic segregation restrict the mobility of offenders.     

Developing a Spatial-Temporal Method for the Geographic Investigation of Shoeprint Evidence

Abstract:  This article examines the potential of a spatial-temporal method for analysis of forensic shoeprint data. The large volume of shoeprint evidence recovered at crime scenes results in varied success in matching a print to a known shoe type and subsequently linking sets of matched prints to suspected offenders. Unlike DNA and fingerprint data, a major challenge is to reduce the uncertainty in linking sets of matched shoeprints to a suspected serial offender. Shoeprint data for 2004 were imported from the Greater London Metropolitan Area Bigfoot database into a geographic information system, and a spatial-temporal algorithm developed for this project. The results show that by using distance and time constraints interactively, the number of candidate shoeprints that can implicate one or few suspects can be substantially reduced. It concludes that the use of space-time and other ancillary information within a geographic information system can be quite helpful for forensic investigation.     

量刑与定罪互动论:为了量刑公正可变换罪名

现行刑法理论中定罪与量刑的关系被扭曲了,刑法理论把准确定罪置于至高无上的地位,司法机关把大量精力耗费于准确判断罪名,定罪决定量刑、量刑不可能影响罪名成为刑法公理。但是,判断罪名意义上的定罪,并非刑法的目的;对被告人和社会最有意义的是量刑,判断罪名只是为公正量刑服务的;因此,如果常规判断的罪名会使量刑失当,就可以为了公正量刑而适度变换罪名。     

中国内地与香港特区侵犯著作权犯罪刑法立法比较研究

本文对中国内地与香港特区侵犯著作权犯罪的立法模式、罪名体系、主观要件、客观要件、法律后果等方面进行了全面的比较和分析,并相应指出其差异及优缺点,以期为两地著作权刑事立法的相互吸收和借鉴以及合作打击跨境侵犯著作权犯罪提供理论上的支持。     

涉外腐败犯罪刑事管辖权冲突问题研究——以中国为视角的思考

主权的独立性决定国家的属地管理权具有一定程度的排他性。而各国在长期的司法实践中所形成的诸多刑事管辖原则,在适用于涉外腐败犯罪时又必然会引起管辖冲突。这种刑事管辖的局限和管辖权的冲突,决定各国在追诉涉外腐败犯罪时不得不谋求与其他国家的合作,中国当然也不例外。     

Gambling on compliance with the new 2005 Act: Do organisations fulfil new regulations?

Gambling is not a new phenomenon. Indeed gambling has been seen to be omnipresent throughout history and culture. However gambling has taken a new path. Online gambling is fast becoming a major pastime for many of society. The ease of access and convenience of play has led to an increase in the numbers of people gambling, and not just online. Within the increase of online gambling there has also been an increase in the regulation surrounding this industry. This paper explores the regulatory approach to online gambling within the UK. The researchers explore the Gambling Act 2005 (UK) and provide an empirical analysis of the UK major gambling organisation to determine what regulatory aspects they adopt and what safety measures they have in place to protect minors and to protect against financial crime. The researchers finally looks at policy implications for UK governments when regulating future online gambling.