Are arrest statistics a valid measure of illicit drug use? The relationship between criminal justice and public health indicators of cocaine,heroin, and marijuana use

Several alternative indicators are currently available to researchers, policy makers, and practitioners for gauging levels and patterns of illicit drug use within and across communities. Yet there exists little information that allows reliable comparisons across indicators to determine whether they tell essentially the same story about variation in the prevalence of drug use. In particular, it remains unclear how closely arrest statistics, the leading law enforcement indicator of illicit drug use, correspond to other law enforcement indicators, such as urine tests of jail inmates, or to public health measures, such as emergency departments' and medical examiners' reports. In this paper we assess the relationships between alternative law enforcement and public health indicators of cocaine, heroin, and marijuana use for a sample of large U.S. cities. We find pronounced convergence across measurement systems in cocaine and heroin use, but little convergence for marijuana use. In addition to other research and policy implications, these results increase confidence in the use of arrest data to assess variation across urban areas in cocaine and heroin use.     

Dreams Deterred: The Collateral Consequences of Localized Immigration Policies on Undocumented Latinos in Colorado

Recent years have seen a broadening of the scope of immigration enforcement. As a result, immigrants free of criminal convictions, once considered low priorities for enforcement, are increasingly subject to arrest, detention, and removal. At the same time, federal immigration authorities have sought the cooperation of states and localities in the enforcement of immigration laws. While there has been growing scholarly attention paid to the ways in which legal geographies can account for variation in local immigration policies, the long‐term effects of these policies on immigrants themselves are often overlooked. In this article, we use the case of Colorado, one of the first states to pass a “show‐me‐your‐papers” law in 2006, and data from two qualitative studies to highlight the collateral consequences of enhanced immigration enforcement on immigrants’ economic opportunities, emotional health and well‐being, and academic trajectories. We situate our analysis within the crimmigration literature and discuss the implications of our findings in light of the current political climate.     

Reforming Natural Gas Fracking Regulations in 2017–2018: How Should States Enforce Regulations?

While much scholarly work has been published on hydraulic fracturing regulatory frameworks, there is little discussion on the enforcement mechanisms of these regulations and statutes. This article explores state hydraulic fracturing regulations and the expansion of a criminal framework to enforce compliance. More specifically, this article takes a comparative look at fracking enforcement regimes in California and several states with the most hydraulic fracturing activities. First, the article discusses fracking's economic benefits and environmental issues. The article then analyzes federal regulations, (which essentially leaves the bulk of regulation and enforcement to state and local governments) and state enforcement systems in California and the four states with the most fracking wells (Texas, Wyoming, Pennsylvania, and Colorado). California, a state that is pushing for more renewable resources, has robust regulations under Senate Bill 4. In the end, states that rely heavily on fracking should reform the enforcement mechanisms to disincentive noncompliance. Regulatory regimes in the other states appear to have deficiencies that could be remedied by adopting stricter enforcement mechanisms—such as criminal sanctions—that would disincentivize noncompliance, which could lead to large-scale environmental disasters. This article postulates that a model system incorporating a variety of methods including increased criminal enforcement could provide for proper remedies, justice, and deterrence. An ideal enforcement framework for effective deterrence should focus on transparency, flexibility, trusted delegation, and proportionality.     

The Context of Minority Group Threat: Race, Institutions, and Complying with Hate Crime Law

A wealth of research suggests a direct association between minority group size and government social control, such as arrest or imprisonment rates. Prior work in this vein, however, gives scant attention to (1) types of law that explicitly address intergroup conflict and (2) regional variation in the salience of minority group threat. At the same time, research on organizational responses to law indicates that institutional linkages to legal environments dictate policy innovation and compliance, yet the relevance of such linkages for law enforcement agencies is less clear. The present research investigates these themes by focusing on law enforcement responses to hate crime in the United States. Data from a sample of large municipal and county policing agencies and their degree of compliance with the federal Hate Crimes Statistics Act are analyzed. Main effects models show that compliance with federal hate crime law is less likely in places with larger black populations, an intriguing finding in light of extant work suggesting that both formal social control and race-based hate crime offending are typically more prevalent where more blacks reside. This effect of black population size on compliance with hate crime law, however, is contingent on region. A positive correlation in the Northeast contrasts with an inverse association in the South. The findings also suggest that organizational facets of law enforcement agencies, notably their engagement in community policing, are associated with compliance. The results elaborate and qualify group threat explanations of government social control and contribute to a burgeoning literature on the utility of organizational theory in the realm of law enforcement.     

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Since 2003, state legislatures in the United States have been active in passing legislation aimed at combating human trafficking. To date, all states have passed laws that criminalize acts of human trafficking, though with significant variation in the penalty structure and associated legal provisions. This article examines what aspects of state human trafficking laws are most impactful at increasing the arrest and prosecution of human trafficking suspects. Using panel data on state laws and associated enforcement actions from 2003 to 2012, this study confirms that more comprehensive state laws that invest in antitrafficking resources are most strongly associated with human trafficking arrests and prosecutions. States that make legislative provisions for victim assistance, law enforcement training, statutory task forces, and mandatory reporting have higher antitrafficking criminal enforcement. The political environment in which state human trafficking laws are enacted also influences their enforcement.     

Gang change and evolutionary theory

While most street gangs are temporary and disorganized, some have institutionalized, and a number of these show signs of evolving into more serious criminal enterprises, becoming more networked, technologically savvy and internationalized, less visible, more predatory and sometimes more violent. The boundaries that researchers have drawn between gangs and other types of criminal groups, particularly organized crime, are becoming blurred. Understanding why this is happening is crucial to planning effective responses. This article suggests that evolutionary theory, involving processes of variation, selection and replication, would constitute a valuable tool for this purpose. Using an evolutionary framework would enable the application of a longitudinal perspective to the microsocial level of analysis, the gang itself, which until now has not had as much attention as other levels of analysis in gang research. Taking inspiration from evolutionary theories in organizational sociology and economics, this article explores how evolutionary theory might be used to understand gang change and locate gangs within evolutionary sequences. It argues that adopting an evolutionary perspective will improve the capacity of law enforcement agencies to focus scarce resources where they are most needed and to plan and implement successful interventions.     

Community control and pricing patterns of nonprofit hospitals: An antitrust analysis

Traditional control of nonprofit hospitals by the communities they serve has been offered as justification for restraining antitrust enforcement of mergers that involve nonprofit hospitals. The community is arguably a constraint on a nonprofit's inclination to exercise market power in the form of higher prices; however, community control is likely to be attenuated for hospitals that through merger or acquisition become members of hospital systems--particularly those that operate on a regional or multiregional basis. We report findings from a study in which we examined empirically the relationship between market concentration and pricing patterns for three types of nonprofit hospitals that are distinguishable based on degree of community control: an independent hospital, a member of a local hospital system, and a member of a nonlocal hospital system. Study results indicated that when conditions existed to create a more concentrated market, (1) all three types of nonprofit hospitals exercised market power in the form of higher prices, and (2) hospitals that were members of nonlocal systems were more aggressive in exercising market power than were either independent or local system hospitals. The results have important implications for antitrust enforcement policy.     

Criminal Appeals Over the Last 100 Years:

Among the more popular “political” explanations of increased crime have been the charges that courts have been coddling criminals and handcuffing the police. These accusaticms are often coupled with the general perception that if criminal defendants appeal they will usually win. During the past 20 years there clearly has been an increase in criminal defendant due process rights that have been created largely by the courts. Notwithstanding these developments, are criminal defendants more likely to win than lose on appeal, and has the probability of winning been increasing? This article examines state courts of last resort from 1870 to 1970 to determine both the odds of winning and how they have changed. It also investigates whether these trends are different for the traditional South than for the more liberal states of the Northeast. The data indicate that, in fact, defendants today are far more likely to lose on appeal than they were 100 years ago. In addition, there appears to be little regional variation in criminal appellate outcomes over the last 100 years.     

Job satisfaction: The gender perspective among police officers

Although women constitute more than 50% of the United States’ population, their percentage among police officers is approximately 9%. Despite being relatively new to policing as fully accepted officers, their growth in numbers should be higher. Nevertheless, such growth may be stagnant. The reasons for this phenomenon are still under examination, and any research that can shed light on this quandary is useful. This article examines job satisfaction among police officers and whether there is a difference by gender. The belief is that if job satisfaction among women police officers is low, this could reflect why more women are not entering law enforcement. However, the data analyzed from a purposive sample of 2,309 male and 309 female officers suggest that there is little difference in job satisfaction solely by gender.     

Traffic Stops in the Pacific Northwest

ABSTRACT

This study examines the distribution of police traffic warning citations in a large northwestern city. Warning tickets were instituted to document the exercise of police discretion in the disposition of traffic stops. The paper tests three competing hypotheses about how these citations are distributed: law enforcement, traffic enforcement, and group threat. The findings show greater support for the group threat explanation. African Americans were disproportionately ticketed in the more affluent areas of the city with a higher per capita income and a higher percentage of home ownership. The data also demonstrated that traffic officers were more active than patrol officers in predominately white beats while patrol officers concentrated more on African American and Asian areas of the city.     

The inefficacy of private enforcement of directors’ duties

Company directors play an important role in society. Their activities have significant effects on the interests of their companies, shareholders and other stakeholders. Consequently, the law regards them as fiduciaries and imposes duties which set out behavioural expectations. The private enforcement regime is the primary mechanism adopted by many common law jurisdictions for securing compliance with directors’ duties. The crucial question is whether this regime is effective in securing enforcement of directors’ duties. This article addresses this question by examining the fundamental weaknesses of the private enforcement regime. In exploring these weaknesses, it focuses on the UK and Nigerian experience. It crucially argues that the private enforcement regime, due to its weaknesses, is unable to provide deterrence and compensatory benefits. It is therefore ineffective as an enforcement mechanism for breach of directors’ duties. This article therefore concludes that there is need for a complementary enforcement regime.     

Implementation of the Americans with Disabilities Act in State Police and Highway Patrol Agencies: Results of a National Survey

This article provides an empirical analysis of Americans with Disabilities Act (ADA) implementation within the law enforcement profession. Specifically, the study reports results from a national survey of state police/highway patrol agencies regarding practical implementation of the ADA. The data is analyzed in terms of population size and collective bargaining status. Results of this endeavor indicate that implementation of the ADA within law enforcement is difficult, especially as applied to the work of sworn personnel. These challenges are somewhat diminished when applied to non-sworn personnel such as dispatchers, administrators, and clerical personnel. The most substantial obstacles to implementation of the ADA within law enforcement is not associated with political officials or administrators. Instead, most arise from the lack of training and vague legislative language and regulatory standards. Smaller states and those without collective bargaining report lower levels of accommodation; however, there are few statistically significant differences in terms of population and collective bargaining.     

CRIMINAL PROPENSITIES,DISCRETE GROUPS OF OFFENDERS,AND PERSISTENCE IN CRIME*

Criminal propensity theorists argue that the causes of variation in offending behavior can be traced to variation in one or more causal traits. Other theorists contend that there is actually more than one type of offender and that more than one causal mechanism operates to explain offending behavior. In this article, some of the implications of these two positions are considered. Then, their congruence with recidivism data from a cohort of post-age-16 North Carolina institutional releasees (N = 848) is assessed, The analysis focuses specifically on whether the correlates of offending persistence are similar across two categories of individuals: those who experienced their first adjudication at an early age and those who were first adjudicated at a later age. In support of both positions, some similarities and some differences in the correlates of persistence were discovered. The differences, however, were only evident when the threshold for late first adjudication was set to age 12. When this threshold was raised to higher ages, the differences disappeared.     

Paradoxes of Family Immigration Policy: Separation,Reorganization, and Reunification of Families under Current Immigration Laws

It is increasingly recognized that immigration laws affect immigrants' integration. Most recently there has been growing attention to how immigration enforcement affects families through forced separations caused by deportations and long‐term family separations across national borders stemming from unauthorized entry to the United States. However, beyond enforcement, there has been little systematic account of how other provisions of immigration law contribute to family separations. In this article we examine how four key provisions in immigration law, far from creating conditions for immigrant families to reunite, contribute to keeping families apart. As such, these provisions shape, in fundamental ways, the structure and composition of immigrant families. Relying on data from the American Community Survey and ethnographic interviews in Phoenix, Arizona, we find evidence consistent with the premise that immigration laws affect the formation, composition, and structure of immigrant families with potential long‐term consequences.     

Consequences of Decentralization: Environmental Impact Assessment and Water Pollution Control in Indonesia

After having been one of the most centralized states in the world for more than thirty years, in 2001 Indonesia introduced a sweeping program of decentralization with important consequences for the management of the industrial sector. This article explores whether the decentralization process has led to substantial changes in Environmental Impact Assessment (EIA) and enforcement of water pollution law. Its main findings are that the general division of authority in both fields has become less fragmented and that differences between districts have increased, but, in practice, not so much has changed as one would have expected. For EIA, "horizontal" disputes between sectoral agencies have been supplanted by "vertical" disputes between different levels of government. Monitoring and sanctioning of industrial water pollution have mainly continued within the scheme of the provincial program started under Soeharto's centralized regime, with still few initiatives at the district level. If any, such initiatives are usually driven by public complaints. On the other hand, there are indications that in the longer run the institutional changes may have more significant effects on EIA and enforcement practice. For EIA, these seem to be negative; for enforcement of water pollution regulation this depends much on the situation within a district or a province.     

The Roberts Court and Police Practices: The Impact of Chief Justice Roberts and Justice Alito in Police Practices Cases

In police practices cases, the Supreme Court decides issues that determine when the law enforcement interest in solving crimes must give way to the interest of individuals to be left alone by the government. The replacement of Chief Justice Rehnquist with John Roberts and Justice Sandra Day O’Connor with Samuel Alito has now been in place for more than four terms. The time is appropriate to assess the likely impact of these two new members of the Court on police practices cases. This article examines that question by analyzing both the police practices opinions written by Roberts and Alito while they served on U.S. Courts of Appeals and their opinions while on the Supreme Court through the 2008-09 term. The conclusion is that the previous pattern of the police prevailing in the vast majority of these cases is unlikely to change. In addition, there is some evidence to suggest that Chief Justice Roberts is aligning himself closely with Justice Scalia in these cases and may be setting the stage for a significant modification or even elimination of the exclusionary rule.     

Frauds and fakes in the Australian aboriginal art market

This article examines the topic of problematic art in the Australian Aboriginal art market. For Aboriginal people art plays an important social, economic and political role. It has also become a major source of income for many. Thus when the integrity of that art is challenged by allegations of fraud and deception it is imperative to explore the veracity of these claims and the responses made to them. In the article particular attention is devoted to those responses made through both the Australian criminal and civil systems of justice. This analysis shows that there are special problems associated with establishing the authenticity of Aboriginal works of art which tend to hamper the prosecution of fraud cases while a dearth of expertise and interest in art fraud at large among Australian law enforcement bodies is a further barrier to effective action. The conclusion is reached that at present the Australian legal system is poorly equipped to deal with frauds and fakes in the Indigenous art market—a situation which will take time and more imaginative solutions to remedy.     

Police training strategies and the role perceptions of police recruits

There has been much debate regarding basic police training and its effect on the attitudes of police recruits. Some critics argue that academy training creates negative attitudes in police recruits that favor arrest and crime attack orientations. The data presented in this article suggest that police recruits from a large urban police training program possess attitudes unfavorable toward crime attack or strict enforcement policing roles. The article examines a Los Angeles Police Department recruit training class, and the perceptions these recruits have toward selected policing roles. The study suggests police recruits do not perceive their role as simply being one of crime attack and strict enforcement.     

Mortgage fraud: A risk factor analysis of affected communities

Mortgage fraud is a fast-growing form of white-collar crime that has received much press coverage in the United States of America. Mortgage fraud has an adverse effect on individual homeowners, communities, and many indirect victims of the crime. While past research has focused on the personal motivating factors behind the commission of white-collar crime, this particular article reviews several facets of the crime itself and explores the potential neighbourhood risk factors that help attract the crime. From a national perspective, mortgage fraud seems to occur more frequently in neighbourhoods that have low socioeconomic indicators. These associations become even more pronounced when the degree of fraud occurrences within the community is factored in as a variable. Upon disaggregating the data according to region, the fraud indicator variables also display differing trend levels, perhaps indicating that as mortgage fraud practices begin to mature within an area, its community dynamics tend to change as well. The article concludes with recommendations for policymakers, community organizations, and law enforcement officials as to how to address mortgage fraud once it appears within a community, and also addresses future avenues of research for what is largely an untapped area of financial crime research.