Witnesses Of Crime Research Articles

Comparative Research on the Organized Crime in China and Russia

China and Russia have different theoretical definitions in the definition of organized crime. By comparing and analyzing the concept of organized crime in the fields of criminal law and criminology between China and Russia, we should take into account the position of criminal law and the position of criminology, and adhere to the binary definition of the concept of organized crime. In terms of the criminal law system of organized crime in China, the Chinese criminal law stipulates the concept of criminal group in the general rules. In the chapter, it stipulates the crime of organizing, leading, participating in terrorist organizations and organizing, leading, and participating in underworld organizations. For the criminal responsibility of engaging in organized crime, the Chinese Criminal Law stipulates that the primary elements of the organization and leadership of criminal groups shall be punished according to all the crimes committed by the group. In the criminal law system of organized crime in Russia, the Russian criminal law stipulates the concept of gang crimes, gang crimes committed in advance, organized groups to commit crimes, criminal groups (criminal organizations) in the general rules, and the establishment of rules in the rules. And the crime of participating in terrorist groups, organizing or participating in illegal armed groups, armed gang crimes, forming or participating in criminal groups (criminal organizations), and forming extremist groups, while at the same time increasing the responsibility of organized groups as part of the crime . For the criminal responsibility of engaging in organized crime, the Russian criminal law stipulates that it should be severely punished according to the Russian criminal law and within the limits set by it, and the provisions for exempting criminal responsibility from the four crimes other than armed gang crimes. Compared with China, the advantage of Russian criminal legislation with organized crime is that it clearly states the concept of "organized" in its provisions, fully embodies the dynamic characteristics of existing organizational crime development, and takes care of the logical relationship between different legal concepts. Combating crime and disintegrating criminal groups, the criminal law network is more rigorous, and it is more conducive to protecting the rights of offenders. In the judicial practice of combating organized crime between China and Russia, China and Russia have not yet established a centralized, unified and specialized national organization to combat organized crime, but Russia is fighting crimes against money laundering, protecting secret investigators, and protecting assistance. The investigation of organized crime citizens, the protection of organized crime witnesses, victims and other related personnel has made more specific legal provisions and guarantees. Therefore, China should learn from Russia from the two aspects of criminal legislation and judicial practice. On the one hand, improve the basic provisions and specific provisions of organized crime, separately stipulate the content of organized crime in the general rules, increase the corresponding crimes in the sub-rules, and set the lenient and exemption for criminals who actively cooperate and withdraw in time. The path of criminal responsibility is to implement the criminal policy of lenient and strict, and at the same time enact the Anti-Organized Crime Law to make up for the limitations of the criminal law itself, from the scope of adjustment, anti-organized crime subjects, safeguard measures, prevention and early warning, legal convergence, etc. Start by identifying the basis for action against and against organized criminal activity. On the other hand, increase the crackdown on money laundering crimes, improve and refine the undercover investigation system, informant investigation system, witnesses and other related personnel protection systems, and increase measures to guide, strengthen, supervise and guarantee the fight against organized crime. Effectively prevent and combat organized crime from the judicial level.

Crime witness accounts

Contrary to the social expectation that good citizens should help others in need, persons who witness crime do not always intervene to help, or see it as their responsibility to do so. This study explores the reasons why witnesses choose not to call police or help in other ways by elucidating the accounts that nonintervening witnesses use to convince others and themselves that intervention was not necessary or appropriate. Drawing from open-ended survey responses, five neutralizing accounts are identified, two that deny the intervenability of crime (by denying harm or blaming victims), and three that deny responsibility to help (by denying capability, asserting risk, or rejecting a guardianship role). Identifying the accounts that normalize crime and make it easier for witnesses to “do nothing” contributes to a more nuanced understanding of witness decision making and nonintervening responses that, in turn, can contribute to the persistence of crime.

On the street in nineteenth-century London

AbstractThis article uses statements made at London's Central Criminal Court (the Old Bailey) by victims and witnesses of crime in nineteenth-century London to reveal the hidden history of pedestrian movement on the city's streets. It demonstrates that men and women of all ages and social groups walked the streets at most times of the day and night, and argues that walking was not only a normal and taken-for-granted activity, but that pedestrianism could contribute to the development of a community of the street.

북한이탈주민 신변보호제도와 보안경찰

The number of people who displaced from North Korea and settled in the Republic of Korea has increased in recent years. As of the end of 2018, there were more than 30,000 peoples. The police are working to protect and support them against threat. But there is a constant controversy that the protection for North Korean defectors by the police violates the basic richts of freedom of movement and freedom of privacy. This article finds the major cause of the problem with the peace preservation police(sicherheitspolizei), who are responsible for the activities. The peace preservation police''s activities against North Korean Defectors are similar to those of security surveillance. However, North Korean Defectors are also citizen of Republic of Korea and there is no danger of recommitment of crime of the Security Surveillance Law. Nor should all North Korean defectors be subject to similar protection as witnesses of crimes. The peace preservation police cannot do well to do guardianship to assist North Korean defectors in settling in the Republic of Korea. There is no disclosure of the guidelines of police that underlie the task.

PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

<p class="Normal1"><em>In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.</em></p><em><br /></em>

Understanding the Memory Characteristics of Autism Spectrum Disorder in Investigative Interview Context: Focusing on Literature Review (I)

범죄 사건 목격자의 진술 신뢰성은 사법적 판결에 매우 중요한 역할을 한다. 그 가운데 목격자가 자폐 스펙트럼 장애가 있는 경우 이들의 진술이 법적 증거력을 갖출 수 있는가에 대해 논란이 제기될 수 있다. 자폐 스펙트럼 장애의 기억 특성에 관해서는 지난 50여 년간 수많은 연구가 이루어졌지만 이들이 자신의 기억을 토대로 형사 체계 내에서 목격자로서 정확한 진술을 제 공할 수 있는지에 관해서는 알려진 바가 극히 적다. 따라서 본 연구는 자폐 스펙트럼 장애가 범죄 사건의 피해자, 목격자로서 꽤 많은 수를 차지하고 있는 현실을 고려해 이들의 기억 특성을 살펴보고 그러한 특성이 목격자로서의 진술 신뢰성에 어떤 영향을 미칠 수 있는가를 고찰해 보고자 하였다. 관련된 지식은 자폐 스펙트럼 장애에 관한 담당 수사관의 이해를 높이고 향후 국내 수사 면담 및 관련 정책 등에 관여된 전문가들에게 사건 해결과 피해자 보호를 위한 방안 마련에 필요한 기초 문헌 자료가 될 수 있을 것이다.The credibility of a witness s statement plays a very important role in judicial decisions. Among them, there may be controversy as to whether witnesses can gain legal evidence if their autism spectrum disorder is present. Although there have been a number of studies on the memory characteristics of autism spectrum disorder over the last 50 years, little is known about whether they can provide accurate statements as eyewitnesses in the criminal system based on their retrospective memories. Therefore, this study investigates the memory characteristics of autism spectrum disorder in view of the fact that autism spectrum disorder accounts for a considerable number of victims or witnesses of crime, and examines how such characteristics can affect the reliability of witness statements. The related knowledge was aimed to increase understanding of investigators about memory characteristics of autistic people and to provide the necessary documents to experts involved in domestic investigation and related policy in order to solve the case and to prepare the measures for victim protection.

Perlindungan Hukum pada Tindak Pidana E-Commerce

In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.

The application of cognitive interviews to financial crimes

PurposeThe purpose of this paper is to present an argument for the use of cognitive interviews to be use in financial crime investigations. In particular, the paper argues that the components of cognitive interview make it useful for financial crime investigators to gather and collate information on financial criminality.Design/methodology/approachThe paper chronicles the literature on cognitive interviews to critically evaluate its usefulness in previous studies.FindingsA critical examination of the literature shows that cognitive interviews were successfully used in a variety of circumstances. Despite its difficulties, the empirical evidence reveals that cognitive interview fared well in laboratory studies across different (and vulnerable) population groups.Practical implicationsThere is evidence to suggest that cognitive interviews can be an effective technique to interview witnesses of financial crimes. The fact that white-collar criminals, more often than not, comes from a “gentleman background” and are not accustomed to the role of “criminal suspect,” makes cognitive interview techniques a useful tool for fraud investigators.Originality/valueTo the author’s knowledge, this is the first paper of its kind to conduct a thorough literature review and apply cognitive interview techniques to financial crime investigation.

Analysis and Representation of Face Robot-portrait Features

ABSTRACTBiometrics is being increasingly implemented and used in systems, mainly in security. Many works are still being carried out by researchers to improve existing biometric systems. One current important ongoing research in the field of security is the use of face biometrics in police departments to recognize criminals via portrait robot images described from crime witnesses. However, the correct identification of an individual is still a challenge. This is because the features required for the identification or the authentication might not have been accurately drawn or generated. The need of efficient robot-portrait image applications makes this study of vital importance and thus, a face recognition application using robot-portrait images is being developed in this research work. To extract and represent the features from the images, two techniques namely, Principal Component Analysis (PCA) and Local Binary Patterns (LBPs) have been adopted. To cater for the high computational load of the face features, PCA has been improved through the Gram-Schmidt orthogonalization process and the Rayleight-Quotient iteration scheme. From the results generated from the experiments conducted, it was concluded that modified PCA and LBP are two promising techniques that can be adopted to develop robot-portrait recognition applications.

A signal-detection analysis of eyewitness identification across the adult lifespan.

Middle-aged and older adults are frequently victims and witnesses of crime, but knowledge of how identification performance changes over the adult life span is sparse. The authors asked young (18-30 years), middle-aged (31-59 years), and older (60-95 years) adults (N = 2,670) to watch a video of a mock crime and to attempt to identify the culprit from a fair lineup (in which all of the lineup members matched the appearance of the suspect) or an unfair lineup (in which the suspect stood out). They also asked subjects to provide confidence ratings for their identification decisions. To examine identification performance, the authors used a standard response-type analysis, receiver operating characteristic analysis, and signal-detection process modeling. The results revealed that, in fair lineups, aging was associated with a genuine decline in recognition ability-discriminability-and not an increased willingness to choose. Perhaps most strikingly, middle-aged and older adults were generally effective at regulating their confidence judgments to reflect the likely accuracy of their suspect identification decisions. Model-fitting confirmed that the older adults spread their decision criteria such that identifications made with high confidence were likely to be highly accurate, despite the substantial decline in discriminability with age. In unfair lineups, ability to discriminate between innocent and guilty suspects was poor in all age groups. The research enhances theoretical understanding of the ways in which identification behavior changes with age, and has important practical implications for how legal decision-makers should interpret identifications made by middle-aged and older eyewitnesses. (PsycINFO Database Record

Alcohol-induced retrograde facilitation renders witnesses of crime less suggestible to misinformation

RationaleResearch has shown that alcohol can have both detrimental and facilitating effects on memory: intoxication can lead to poor memory for information encoded after alcohol consumption (anterograde amnesia) and may improve memory for information encoded before consumption (retrograde facilitation). This study examined whether alcohol consumed after witnessing a crime can render individuals less vulnerable to misleading post-event information (misinformation).MethodParticipants watched a simulated crime video. Thereafter, one third of participants expected and received alcohol (alcohol group), one third did not expect but received alcohol (reverse placebo), and one third did not expect nor receive alcohol (control). After alcohol consumption, participants were exposed to misinformation embedded in a written narrative about the crime. The following day, participants completed a cued-recall questionnaire about the event.ResultsControl participants were more likely to report misinformation compared to the alcohol and reverse placebo group.ConclusionThe findings suggest that we may oversimplify the effect alcohol has on suggestibility and that sometimes alcohol can have beneficial effects on eyewitness memory by protecting against misleading post-event information.

Mental time travel ability and the Mental Reinstatement of Context for crime witnesses.

Mental time travel ability marks how well the phenomenological aspects of events are mentally re-experienced during recall. The Cognitive Interview (CI) elicits eyewitness information. One of its techniques, Mental Reinstatement of Context (MRC), asks eyewitnesses to reinstate the incident's context mentally before recall. Fifty-six participants watched a simulated crime video. Self-report measures were then taken to estimate general mental time travel ability. Participants were questioned subsequently about the video. Eyewitness performance under MRC was compared with the CI's Report Everything (RE) technique, wherein eyewitnesses recall everything they can but with no invitation to mentally reinstate the context. There was no effect of interview condition on accuracy of recall; however, general mental time travel ability was positively associated with the amount of correct and incorrect information produced under MRC, but not RE, conditions. This is the first empirical demonstration that MRC instructions engage the mental time travel capacities they purport to.

Ameliorating vulnerability arising from involvement with criminal courts

Purpose The purpose of this paper is to provide an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people. Design/methodology/approach The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute-based vulnerability. It focusses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability. Findings The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerability. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them. Originality/value It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other major responses that has not yet been brought into the scholarly discussion in any significant way.

Rights of Child Victims and Child Witnesses in Criminal Justice in Viet Nam

Over the last few years, Viet Nam’s economy has developed quickly and changed social values through global integration. The numbers of children who have been victims and witnesses of crime have increased. From the most common points of entry into a criminal case, there should be a set of regulations governing the rights of child victims and child witnesses in all stages of the criminal process and the child welfare system. The article argues that the rights of children as victims and witnesses in criminal cases in Viet Nam still lack the necessary safeguards and are not compatible with international law. Although the criminal justice system of Viet Nam has been improved to protect children’s rights, there are still many challenges to ensure and protect the rights of children when they participate in the criminal justice system as victims and witnesses. To narrow the gap between the international standards and the national legal system in juvenile criminal justice in Viet Nam, this article examines the problems in criminal justice to protect child victims and child witnesses in Viet Nam. The research is based on international standards of juvenile criminal justice and uses comparative and quantitative methods. It discusses how the national criminal justice system can be reformed to prevent child victims and witnesses from being abused.

Criminal legal protection of child victims and witnesses of crimes

The term victim indicates a natural person that underwent some kind of crime, including psychological and mental disorder, and emotional suffering or monetary loss, that were caused by accomplishing or not accomplishing a certain kind of activity that violates the law in one state. The term Victim also includes the close members of the victim's family that depend on the victim. 'Kids, victims and witnesses of crimes' indicates kids and adolescents under 18 years of age, which are victims of different kinds of crime or witnesses of different kinds of crime, in spite of the role that they have in the crime act. In all proceedings that directly or indirectly child victims involved it is important to act in a way that is the best and most appropriate for the child.

Blind sequential lineup administration reduces both false identifications and confidence in those false identifications.

One of the most recommended procedures proposed by eyewitness experts is the use of double-blind lineups, in which the administrator does not know the identity of the suspect in the lineup. But despite the near universality of this recommendation, there is surprisingly little empirical research to support the claim that nonblind administration inflates false identifications. What little research has been conducted has shown conflicting findings with regard to the conditions under which nonblind administration affects false identifications, as well as its effects on witness confidence. The current study attempts to elucidate this effect. Student-participants (n = 312) were randomly assigned to play the role of either a lineup administrator (who were either told the identity of the suspect in the lineup or not) or a mock crime witness. Following unbiased instructions, administrators presented either a target-present or target-absent sequential lineup to the witness while being surreptitiously videorecorded. Nonblind administration significantly inflated false, but not correct, identifications, and significantly inflated witness confidence in those false identifications. Video recordings indicated that nonblind administrators were significantly more likely than blind administrators to smile (a) while the witness was viewing a photograph of the suspect, and (b) after a suspect identification. Results provide stronger support for the use of blind lineup administration by broadening the conditions under which nonblind administration is shown to inflate false identifications. Possible reconciliations for conflicting findings in the literature are discussed. (PsycINFO Database Record

Women and children versus domestic violence. Legal reflections, needs and challenges in Spain today

Violence against women and girls or gender-based violence is a form of discrimination that constitutes ‘violence that is directed against a woman because she is a woman or that affects women disproportionately’. Violence against women has carelessly become a significant global public health problem affecting one-third of women in the world in 2013. Killings of women and girls by their male partners or ex-partners are not isolated incidents, but constitute ‘the ultimate act of violence that is experienced in a continuum of violence’. Gender-based domestic violence remains the most prevalent form of violence against women and girls that affects women of all social strata across the world. Violence against women, in the private sphere and in its different manifestations, is tantamount to violations of the rights to life, equality, dignity and non-discrimination, the right not to be subjected to torture and to other cruel, inhuman, or degrading treatment or punishment, the right to liberty and security of person, the right to equal protection under the law, and the right to equality in the family, among other human rights. In addition, children who are victims and witnesses of that gender-based domestic violence suffer adverse effects on their health and in other ways also are ‘severely negatively impacted by [that] violence’. However gender-based domestic violence measures to protect child victims and witnesses of gender-related domestic violence remain weak in spite of the undeniable consensus among States on rights applicable to child victims and witnesses of crime. This article provides an overview of the issue of gender-based domestic violence and analyses the consideration given to the woman and child (of that woman) – both victims of intimate-partner domestic violence under international law and regional European law, and, in addition, under Spanish domestic legislation. The article highlights the latest developments in those three legal settings, including the forthcoming entry into force of the challenging and most comprehensive legal instrument on violence against women in the world today, the Istanbul Convention. The Convention provides at last formal (through judicial practice and legal instruments) recognition of children who witness gender-based domestic violence as victims of that gender-based violence. Also reviewed are recent jurisprudence/judicial practice, legal developments and challenges on this important subject in Spain. Final recommendations based on the aforementioned international, regional and domestic analysis are made to the State of Spain, recommendations applicable indeed to the practice in any country seeking international human rights compliance, good practices and redress, in an effective fight against gender-based domestic violence.

Informationen auf Jugend-Webseiten als Input für Wissenskonstruktion über Recht

The article reports on a study of the dissemination of knowledge about law to adolescents who are victims or witnesses of sexual crimes. The object studied is a website of the German ministry of justice (Bundesministerium der Justiz) aiming especially at this target group. Our focus is on how information about the criminal procedure in court is presented. We analyse how the hypertext structure, the links, the use of multimodal means and the choice of legal details each contribute to the intended knowledge transfer. Furthermore, we assess the degree to which the different contributions exploit their potential. As the main result of the analysis we found that the focus in the investigated instance of knowledge transfer is on a specific type of information which can be described as providing arguments aimed at convincing victims and witnesses to report to the police in connection with cases of crimes of sex and violence against adolescents. A number of different factors work together in order to achieve this common textual goal.

아동 피해자 보호를 위한 국제규범의 형사절차법적 수용과 합리적 이행방안-UN 아동권리협약과 아동 피해자·증인사법지침을 중심으로-

The Convention on the Rights of the Child carries legal binding force to member nation and Republic of Korea ratify the treaty. UN guidlines on justice in matters involving child victims and witnesses of crime were adopted by the UN in 2005 for children who have been harmed by crime. Article 12 of UN convention on the rights of the child and UN guidlines on justice in matters involving child victims and witnesses of crime were created sure that children who have seen others harmed are protected and treated fairly in criminal procedure. Children victimized and harmed may asked to say what they see before police officer and judge. The most of children are worried and frightened during their testimony. These international regulations demand to help protect children when they go to talk police, lawyer, social worker. children victim has the right to be informed, to be heard and to express views and concerns, to effective assistance, to privacy and to be protected from hardship during the justice process. It is important to protect the child from any possible danger in criminal process. Korean criminal process includes legal programme that protects for children victim before, during and after the criminal justice process. Children victim and witness should have access to assistance provided by professionals. These assistances include support service such as legal, consultative, testimonial. It is allowed the court to order the use of closed-circuit television, if the judge finds that the child is unavailable to testify in open court and the electronic recording of statements. However I think these programme for children victim and witness concentrating in field of sexual crime have to dispread any other crime related children victim and witness.

The Performance of Eyewitnesses with Intellectual Disabilities on Photographic Identification Line-ups

Despite the large number of people with intellectual disabilities (ID) and the fact they are more likely to be victims and witnesses of crime, only two published studies have investigated their performance on identification line-up parades. In the present study we examined the identification performance of adults with and without ID on both a perpetrator-present and a perpetrator-absent photographic line-up. In addition, we investigated factors that could explain any potential difficulties with identification performance, such as face recognition performance (as measured by a standardised test), eyewitness confidence, understanding of the purpose of a line-up, and memory for non-biased line-up instructions. In comparison with typical adults, participants with ID demonstrated poorer performance across both perpetrator-present and perpetrator-absent photographic line-ups, yet were more confident in the accuracy of their responses. In addition they had poorer face recognition performance, were less likely to understand the purpose of the line-up, and were less likely to remember the non-biased line-up instructions. This pattern of difficulties is discussed in relation to the development of future research and interventions.