The Genesis of the Austrian Model of Constitutional Review of Legislation

Abstract The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is the federal aspect. The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court.     

Legitimacy invariance and campus crime: the impact of campus police legitimacy in different reporting contexts

ABSTRACT

This paper examines whether campus police legitimacy relevance varies across different crime contexts. 519 respondents from 31 undergraduate sections at a public university rated campus police legitimacy as well as their willingness to report a campus crime to the public safety department. Students were assigned to different crime vignettes, involving experimental manipulation of crime type: petty theft, indecent exposure, aggravated assault, and gun possession on a college campus. Results indicate general support for the procedural justice model, specifically the invariance of the influence of legitimacy on reporting. This paper argues for increased specificity in measurement of cooperation beyond general willingness to assist, or a single crime context.     

Reporting violence to the police: Predictors through the life course

Scholarship focused on factors that influence police reporting has a long history in the literature. Yet we lack a complete understanding of how these factors differentially influence reporting by age.

Purpose

This paper aims to enhance our understanding of underreporting by investigating the relationship between reporting and age, and how this relationship differs by crime type. The study further investigates whether a variety of characteristics differentially influence reporting across the life course. Finally, the study asks how the nature of reporting varies by the victim's age.

Methods

National Crime Victimization Survey (NCVS) data were used to assess whether there are age-related differences in the factors influencing the rate and nature of police reporting.

Results

The findings suggest that the rate of reporting differs by crime type but that it generally increases throughout the life course. The influence of incident, victim, and offender characteristics on police reporting varies, not simply between juveniles and adults, but also between young and older adults. The proportion of incidents reported to police by the victim his/herself also continues to increase with age.

Conclusions

This suggests that disparities in police reporting cannot be reduced to juvenile-adult comparisons and should be studied across the full life course.     

Seasonal Variation in Violent Victimization: Opportunity and the Annual Rhythm of the School Calendar

Objectives

This study draws on an underused source of data on seasonality—victim surveys—to assess whether violent crime occurs with greater frequency during summer months or whether it simply becomes known to police more often, and to examine the extent to which seasonal patterns in violent crime are differentiated based on victim characteristics and location of crime.

Methods

Data used come from the 1993–2008 National Crime Victimization Survey. Time series regression models are estimated to describe seasonal differences in violent crime victimization and reporting rates.

Results

Seasonal trends in youth violence stand in contrast to the trends for young and older adults, primarily due to their high risk of victimization at and near school. No evidence of seasonality is found in the extent to which serious violence becomes known to the police. However, simple assault is significantly more likely to come to the attention of the police during the summer months, primarily due to increases in the reporting of youth violence.

Conclusions

Our findings confirm some of the previous work on seasonal patterns in violent crime, but also show that these patterns vary across age groups, locations, and type of violence.     

When do people report crime to the police? Results from a factorial survey design in the Netherlands, 2010

Objectives  

In this paper we assess to what extent factors of the reporting process affect the willingness to report crime to the police. The focus is on the following factors: (1) duration and flexibility (i.e. possibility to report outside office hours), (2) method of reporting (i.e. phone, Internet or police station), (3) anonymous reporting, and (4) encouragement by police officers.     

When Is a Country Multinational? Problems with Statistical and Subjective Approaches*

Many authors have argued that we should make a clear conceptual distinction between mononational and multinational states. Yet the number of empirical examples they refer to is rather limited. France or Germany are usually seen as mononational, whereas Belgium, Canada, Spain and the UK are considered multinational. How should we classify other cases? Here we can distinguish between (at least) two approaches in the literature: statistical (i.e., whether significant national minorities live within a larger state and, especially, whether they claim self‐government) and subjective (i.e., when citizens feel allegiance to sub‐state national identities). Neither of them, however, helps us to resolve the problem. Is Italy multinational (because it contains a German‐speaking minority)? Is Germany really mononational (in spite of the official recognition of the Danes and the Sorbs in some Länder)? On the other hand, is Switzerland the “most multinational country” (Kymlicka)? Let us assume that there is no definite answer to this dilemma and that it is all a matter of degree. There are probably few (if any) clearly mononational states and few (if any) clearly multinational states. Should we abandon this distinction in favour of other concepts like “plurinationalism” (Keating), “nations‐within‐nations” (Miller), “postnational state” (Abizadeh, Habermas), or “post‐sovereign state” (MacCormick)? The article discusses these issues and, in conclusion, addresses the problem of stability and shared identity “plural” societies.     

Racial segregation and property crime: Examining the mediating effect of police strength

Research has not yet considered the relationship between property crime and segregation and the influence of police strength on the association of segregation and crime. To address these issues, this article examines the association of racial segregation with burglary, larceny, and motor vehicle theft for 1990. The results reveal that segregation is significantly and positively associated with all three measures of property crime. When data on police strength are introduced into the models, segregation-crime coefficients are significantly attenuated, and two are rendered nonsignificant, providing evidence that the segregation-property crime association is at least partly mediated through police strength.     

Perceptions of gender-based violence around public toilets in Mumbai slums

ABSTRACT

The lack of adequate public toilets and associated gender-based violence around their use is a matter of concern in many developing countries and has recently come to the forefront of the political agenda and media discourse in India. Previous research suggests the absence of lighting, inadequate provision of basic sanitation, poor design and siting of toilets, and lack of police presence in slums as facilitators for violence against women. However, the evidence is often anecdotal and usually unsystematic. The exact extent of crimes against women in these circumstances is unknown because unsurprisingly women in slums rarely report crimes to the police, either due to fear or lack of access. The research reported in this paper gauges women’s perception and experience of crime and violence around different types of public toilets in two slums areas in Mumbai, India. A survey of 142 households indicated that although women’s fear of crime was higher than their actual experience, the perception of insecurity was not uniform for all toilet types and locations. Findings also indicated that there was at least minimal provision of toilet facilities, basic security features, water, and electric supply in the research sites. Furthermore, greater police presence and previous contact with the police in one slum area led for greater confidence in reporting offences to the police as compared to the other. Overall, better provision of lighting and regular police patrols were considered by a majority of those surveyed to reduce fear of crime around toilets.     

Modelling public confidence of the police: how perceptions of the police differ between neighborhoods in a city

Abstract

This paper presents the results of a survey evaluating the views of 1322 residents of York, UK around their perceptions and attitudes towards crime, their local area, and the police with the aim of understanding the main factors affecting public confidence within the city. The study uses Structural Equation Modelling to develop several models which are evaluated to examine whether differences in public confidence in the police exist across disparate local communities with varying degrees of neighbourhood perceptions. The results indicate that even in a relatively small city such as York, the factors which most affect an individual’s views of the police can vary wildly depending on an individual’s perceptions regarding their local area. The results suggest that policing strategies aimed at improving public confidence must be altered depending on the views residents hold regarding their local communities.     

Can “disciplined passion” overcome the cynical view? An empirical inquiry of evaluator influence on police crime prevention program outcomes

Objectives

Investigate the degree and nature of influence that researchers have in police crime prevention programs and whether a high degree of influence is associated with biased reporting of results.

Methods

Meta-analytic inquiry of experimental and quasi-experimental studies (n?=?42), drawn from four Campbell Collaboration systematic reviews of leading police crime prevention strategies: problem-oriented policing, ??hot spots?? policing, ??pulling levers?? policing, and street-level drug enforcement.

Results

Larger program effects are not associated with studies with higher involvement on the part of the evaluator (e.g., assisting in strategy design, monitoring implementation, overcoming implementation problems).

Conclusions

This study does not find support for the cynical view, which holds that researchers have a personal stake in the program or are pressured to report positive results. Importantly, the evaluator??s involvement in the implementation of the program may be a necessary condition of successfully executed police experiments in complex field settings.     

Racial Context and Crime Reporting: A Test of Black’s Stratification Hypothesis

Contextual factors that contribute to race differences in reporting crime to the police are an important element in Donald Black??s theory of the behavior of the law, yet few studies have investigated whether these differences vary depending on social context. The present study investigates whether the relationships between victim and offender race and the reporting of crime are moderated by the level of racial stratification in a given place as Black??s stratification hypothesis would predict. Using victim survey data from 40 metropolitan areas, as well as data from other sources, we find results that are consistent with Black??s stratification hypothesis, namely, that victim and offender race are more strongly associated with the reporting of crime in those metropolitan areas where the gap in economic status between blacks and whites is larger and the groups are more residentially segregated. The theory, however, is unable to account for the high rates of reporting of black-on-black assaults found across the 40 metropolitan areas. The question of how the needs of black victims may outweigh their reluctance to call the police is an important issue for future research.     

Mind the Gap: Attitudes about Miranda Warnings among Police Chiefs and Citizens

Research shows that the police subculture can be characterized by a distinct set of values and beliefs. Much of the police subculture research has focused on common characteristics and values found among a sample of police officers. Fewer studies have considered how the police, as a group, are similar to citizens. In this study, attention is given to similarities and differences in how the police and the public perceive the Miranda warnings. Attention is also given to whether type of neighborhood (low crime versus high crime) is related to attitudes about the Miranda warnings. Findings suggest that while the warnings are perceived in different ways there are similarities that could bridge the gap between the police and public. Implications are suggested.     

Reporting to the police in western nations: A theoretical analysis of the effects of social context

One of the most consistent findings in empirical studies using victimization data is that the decision to report victimization to the police is determined in large part by the seriousness of the crime. The police will be notified more often of crimes that involve more serious injury or greater monetary loss. These findings, however, may be due to the fact that most studies on reporting have been conducted using victimization surveys that devote a great deal of attention to the crime event and victim characteristics and much less to the social context of that event. As a result, influences on reporting operating at the neighborhood, jurisdiction, or nation level have been neglected. The aim of this paper is to bring social context into the discourse on reporting to the police by presenting a much more inclusive model of crime reporting. In addition, the influence of four aspects of macro-level social context on reporting are tested—the perceived competence of the police, institutionalization of insurance business, norm of conformity, and level of individualism—by merging incident-level data from the International Crime Victims Survey (ICVS) for 16 Western industrialized countries with nation-level data from various sources. Hierarchical logistic modeling is used to analyze the nested data. The perceived competence of the police has a positive effect on whether property crimes are reported.     

Police Response to Crime

Abstract

Based on victim accounts provided by the National Crime Victimization Survey from 1992 to 1999, this paper examines issues related to police responses to reported incidents of assault, robbery, and rape. The primary goal was to determine the extent to which victim and offender race influence police responsiveness at various stages of the criminal justice system. The data indicate that overall, police exert more effort when victims are white. They arrive faster at the scene of the crime, and demonstrate more follow-up effort after the crime has taken place. However, they do not exert more, or less effort, during their initial visit to the crime scene, when there is proximate contact with the victims. This suggests that contextual factors may affect the penchant for discrimination. This relationship held even after controlling for other factors such as poverty, weapon use, injury to the victim, and location.     

The effect of social support on fraud victims' reporting behavior: A research note

Little effort has been made to understand white-collar crime victims, and little is known about the factors that influence reporting behavior among these victims. In this paper we use the concept of social support to explain responses to fraud, one form of white-collar crime. Results show that social support in the form of information from others influences whether fraud victims report their victimizations. Fraud victims' responses parallel those of street crime victims in that both types of victims respond according to the direction of social support they receive from family and friends.     

Neighbourhood outreach: a novel approach to Liaison and Diversion

Aims and method: We evaluate the initial outcomes from the Cornwall Criminal Justice Liaison and Diversion Service (CJLDS) which includes a pilot Neighbourhood Outreach scheme to support police with vulnerable individuals with suspected mental illness but not necessarily criminal involvement. Results: We review the first nine months’ operational data, including a six month follow-up of the initial three months’ to assess the impact of intervention. The service identified a large proportion of new cases of mental illness at an earlier stage. Intervention significantly reduced the number of contacts with police and may suggest a reduction in the severity of crime. Clinical implications: The Cornwall CJLDS with its pilot Neighbourhood Outreach has had a significant impact on both health and on crime, with additional cost savings. The degree to which this is replicable is discussed. Declaration of interest: None     

The Effect of Prior Police Contact on Victimization Reporting: Results from the Police–Public Contact and National Crime Victimization Surveys

Objectives

This study explores the association between past-year face-to-face contact with the police and subsequent victimization reporting. It also examines whether this relationship depends on the type of encounter (citizen-initiated contacts, routine vehicle stops, invasive encounters associated with being a suspect), its perceived justness, or victim characteristics. Among victims who did not notify the police, the reasons behind this decision are assessed to understand the mechanisms through which police encounters are related to reporting.

Methods

This research is the first to use longitudinal data that link the 2002, 2008, and 2011 Police Public Contact Surveys to the 2002–2014 National Crime Victimization Surveys. Multivariate logistic regression is used to examine the effect of prior contact on police notification among victims of personal (N = 1073) and household (N = 11,433) crimes.

Results

Prior contact with the police has no main effect on the reporting of personal crimes; however, the negative effects of police-initiated and unjust contact are amplified for the poor and African Americans. The reporting of household crimes varies based on prior police experiences and whether they were viewed as just. Personal crime victims with invasive contact are more likely than other contact groups to attribute non-reporting to fear of reprisal.

Conclusions

Using national data tells a complex story about how race/ethnicity, poverty, and recent experiences with the police interact to shape victims’ behavior. The intricacies of these findings suggest that efforts to increase reporting may need to be multifaceted and address victims’ concerns about safety and justness.

     

A longitudinal analysis of factors associated with reporting violent crimes to the police

The use of generalized estimating equations and time-series methods for fitting longitudinal models in the National Crime Victimization Survey (NCVS) is discussed, with reference to the relation between the reporting of a violent crime to the police and previous victimizations. Two longitudinal models are fit to NCVS data to predict the likelihood of reporting a violent crime to the police based on characteristics of the victim and the incident and based on previous victimization experiences. In both models, it is found that higher reporting rates are associated with positive results accruing from reporting previous victimization to the police.     

The Relationship Between Crime Reporting and Police: Implications for the Use of Uniform Crime Reports

Empirical studies that use reported crime data to evaluate policies for reducing crime will understate the true effectiveness of these policies if crime reporting/recording behavior is also affected by the policies. For instance, when the size of the police force increases, changes in the perceived likelihood that a crime will be solved may lead a higher fraction of victimizations to be reported to the police. In this paper, three data sets are employed to measure the magnitude of this reporting bias. While each of these analyses is subject to individual criticisms, all of the approaches yield similar estimates. Reporting bias appears to be present but relatively small in magnitude: each additional officer is associated with an increase of roughly five Index crimes that previously would have gone unreported. Taking reporting bias into account makes the hiring of additional police substantially more attractive from a cost–benefit perspective but cannot explain the frequent inability of past studies to uncover a systematic negative relationship between the size of the police force and crime rates.     

Citizens' perceptions of aggressive traffic enforcement strategies

In this study we examine citizens' support for aggressive traffic enforcement strategies and discuss whether the implementation of two different types of traffic enforcement decreases public support. We also examine whether citizens' perceptions of crime, quality of life, and the police are influenced by an increased police presence in their neighborhood. The public opinion data presented here are taken from two experimental target areas and one comparison area. Overall the findings suggest that citizens strongly support aggressive traffic enforcement practices and that the implementation of such strategies does not reduce their support. Residents of areas where police are using these types of tactics do not think that the police are harassing them. Citizens living in one of the experimental areas are significantly more likely to support the police, and think that the police work well with the neighborhood. Residents of the areas that experienced two types of aggressive enforcement, however, did not think that crime had decreased, nor that quality of life had improved. We discuss implications for the use of these strategies and for community policing in general.