The internationalization of U.S. Criminal Law Enforcement

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.     

Sexual Assault Training of Law Enforcement Officers

Abstract

The importance of proper response to victims of sexual abuse or assault has been well documented. However, despite their prominence as responders, little research has been conducted on training law enforcement officials to conduct this aspect of their jobs effectively. We describe results of a statewide survey of the adequacy of law enforcement officers' preparation to respond to victims of sexual assault. Results revealed a significant need for greater training on the topic, as well as a number of potential positive impacts of additional training and education, including feelings of better preparation, greater collaboration with external resources, more likelihood of victim participation in investigation, and more cases being brought to prosecution. Based on the results, we present a model of proposed benefits of additional training for police officers in sexual assault.     

美国反垄断法实施过程中的专家化趋势及启示

近年以来,在反垄断领域的政治性因素显著减弱、国会影响力不断降低和司法裁决机制日渐僵化的情形之下,美国反垄断法实施过程中的专家化趋势日益凸显。反垄断法实施过程中充分吸纳专家智库的参与,使得出台的措施和决定具有专业、主动与持续的优势。但是,反垄断法实施过程中的专家化也引发了规制俘获的问题,加之唯效率论的单边性以及民主监管机制的缺失,专家化的程序正当性受到质疑。梳理美国反垄断法实施专家化兴起的历史背景,分析反垄断法实施中的专家化优势与问题,寻求专家化与民主化之间的平衡对策,对于我国反垄断法实施机制的发展与完善,实现反垄断法实施法治化的目标具有一定的借鉴意义。从总体层面来说,我国反垄断法实施既需要向专家化的方向推进,亦需要构建平衡专家化的民主机制,真正达至为消费者福利服务的立法目的。     

Family Leave and Law Enforcement: A Survey of Parents in U.S. Police Departments

The women of United States police departments challenge traditional gender role expectations by exhibiting equal competence in a job with a masculine identity. Women also modify police culture in a myriad of ways, one of which is through the special work-related needs that accompany motherhood. Results from a survey of police officers suggest that gendered perceptions regarding work and family persist indicating that a value shift within police departments has occurred. Findings derived from qualitative responses suggest that women’s entry in policing, along with shifting societal attitudes about work and family, could transform the institution’s “hegemonic masculinity,” an enduring characteristic of many police departments.     

从美国的环境执法看非强制行政

在环境执法领域,美国行政机关充分运用市场机制等经济协调手段、金融手段以及行政奖励诱导和鼓励投资者遵守环境法规,并通过信息公开加强执法者与管理者的交流、沟通,促进、鼓励公众参与环境立法和执法,这种非强制行政执法模式取得了良好成效。美国的非强制行政理论与模式对于我国建立以人为本的行政执法机制、促进法律运行的现代化有重要借鉴意义。     

Perceived Discrimination Among Women in Law Enforcement

ABSTRACT

This work explores the depth and dimensions of gender-based discrimination as perceived by female police officers. Using snowball sampling, 27 currently employed female law-enforcement officers in a large metropolitan area of the Southwest were interviewed. Qualitative data analysis techniques were used to analyze the findings and to extract the themes that emerged from the women's perceptions of discrimination coming from their male peers, from male supervisors or administrators, and from citizens of both sexes. Most of thepolicewomen interviewed reported experiencing discrimination from one or all of these sources. However, almost without exception, they saw their situation today as improved over that of the past policewomen. No consistent differences in perceptions emerged related toage, race-ethnicity, rank, employer, or length of service.     

The Effectiveness of Trace DNA Profiling—A Comparison Between a U.S. and a U.K. Law Enforcement Jurisdiction

Recovery, profiling, and speculative searching of trace DNA (not attributable to a body fluid/cell type) over a twelve‐month period in a U.S. Crime Laboratory and U.K. police force are compared. Results show greater numbers of U.S. firearm‐related items submitted for analysis compared with the U.K., where greatest numbers were submitted from burglary or vehicle offenses. U.S. multiple recovery techniques (double swabbing) occurred mainly during laboratory examination, whereas the majority of U.K. multiple recovery techniques occurred at the scene. No statistical difference was observed for useful profiles from single or multiple recovery. Database loading of interpretable profiles was most successful for U.K. items related to burglary or vehicle offenses. Database associations (matches) represented 7.0% of all U.S. items and 13.1% of all U.K. items. The U.K. strategy for burglary and vehicle examination demonstrated that careful selection of both items and sampling techniques is crucial to obtaining the observed results.     

Law Enforcement Officers in Schools: An Analysis of Ethical Issues

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services (COPS) Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools.     

Present but not prevalent: identifying the organizational correlates of researcher-practitioner partnerships in U.S. Law Enforcement

ABSTRACT

Federal funding streams, the International Association of Chiefs of Police, and policing executives and scholars alike have advocated for more researcher-practitioner partnerships in American law enforcement. While a few studies have explored the growth and prevalence of research partnerships in policing, less attention has been placed on the organizational correlates of such collaborative relationships. Using a nationally representative sample of US law enforcement agencies, the current study investigated participation in what we term ‘rigorous partnerships’ – more formal, long-term relationships between researchers and practitioners with increased opportunity for interactive knowledge exchange. Policy implications and directions for future research are discussed, with a specific focus on the barriers and impediments that both parties face for successful collaborative efforts and research translation.     

Justice,Context, and Violence: Law Enforcement Officers on Why They Torture

How do police explain their support for torture? Findings from 12 months of fieldwork with police in India complicate previous researchers’ claims that violence workers tend to morally disengage and blame circumstances for their actions. The officers in this study engage in moral reflection on torture, drawing on their beliefs about human nature and justice to explain their support for it. They admit that they use torture more widely than their own conceptions of justice allow, but see this as an imperfect implementation of their principles rather than as a violation of them. Previous research on the spread of human rights norms has focused on how these norms can be adapted to the local beliefs that support them, rather than on understanding the beliefs that conflict with human rights. I argue that illuminating the self‐understanding of state actors who support or engage in torture is crucial to building theory on why such violence occurs, as well as to designing interventions to prevent it.     

Perceptions of Law Enforcement Officers in Seeking Mental Health Treatment in a Right-to-Work State

The high stress environment of law enforcement places officers at risk for a variety of mental and physical health problems; however, officers are reluctant to seek out treatment. The purpose of this study was to identify which factors associated with law enforcement officers had predictive value in the level of stigma perceived in seeking mental health treatment by currently employed, certified peace officers in Arizona. The factors included sex, age, race/ethnicity, years employed as an officer, size of the department, current rank/position within the department, the type of government operating the agency, and payment of union dues. The study included 454 participants. Participation included the completion of demographic data, the Self-Stigma of Seeking Psychological Help (SSOSH), and the Perceptions of Stigmatization by Others for Seeking Help (PSOSH). Using standard multiple regression, the most significant finding was the relationship between the size of the department and levels of stigma (p = .014); such that, the size was inversely related to the levels of perceived stigma. As the agency size increased, the perceptions of stigma decreased. Such a finding has several implications for law enforcement agencies related to preparedness and training.     

Perceptions of Work-Life Balance Among Military Law Enforcement Personnel and their Spouses

The purpose of this study was to examine the extent to which military law enforcement agents and their spouses shared similar perceptions of work-life conflict and organizational support. One hundred seventy Special Agents in the Air Force Office of Special Investigations and their spouses participated in the study. Survey results revealed that Agents and spouses shared very similar views regarding the Agents’ work-life conflict and organizational support. Agents had slightly more positive views of supervisory support than their spouses did. Agents perceived somewhat more work-to-family conflict, and considerably more family-to-work conflict than their spouses thought they did. Both Agents and their spouses perceived greater support for work-life balance from immediate supervisors than from the organization as a whole. Implications for managing work-life conflict are discussed.     

Predictors of Weapon Use in Domestic Violence Incidents Reported to Law Enforcement

The study’s aim was to determine the predictors of weapon use during domestic violence incidents that were reported to the police. Randomly selected cases (N = 369) from the San Diego County Sheriff’s department comprised the study sample. The predictor variables for weapon use included relationship type, relationship length, suspect drug or alcohol use, and restraining order status at the time of the attack. Suspect sex and race were included as control variables. A logistic regression demonstrated that victims who had restraining orders against the perpetrator were more likely to have a weapon used against them in a domestic violence incident. Suspect sex was significant in an unanticipated direction, with female perpetrators being more likely to use a weapon during a domestic violence incident.     

美国专利法中的不正当行为问题

不正当行为在美国专利侵权诉讼中通常被用来作为抗辩理由.根据美国专利法,所有与专利申请的起草和审查直接相关的人员,都有义务向美国专利与商标局披露与专利授权相关的重要信息.因此,若法院判定有关人员存在实质性失实陈述或疏漏行为,并有欺诈美国专利与商标局之意图,构成不正当行为,则该专利将被认定为全部无效.     

An Investigation of Biographical Information as a Predictor of Employment Termination among Law Enforcement Officers

An important service that police psychology can offer law enforcement administrators is assistance in the selection of future officers. Police psychologists have traditionally focused on the identification of psychopathology and exclusion of applicants who were found to be mentally ill. The introduction of the Americans with Disabilities Act (1990) has changed what had been considered appropriate exclusion criteria because of the introduction of increased civil rights protections for persons with disabilities. At the same time, increasing civil liability for law enforcement departments in regard to officer misconduct has compelled police psychologist to evaluate potential for future misconduct by non-clinical means. The scientific examination of biographical data may be one method of establishing the relationship between officer candidate variables and future misconduct. This paper examined the predictive validity of biographical information for a sample of 2965 police officer candidates. Results indicated that several biographical variables were significantly correlated with later termination. However, results of regression analyses indicated that biographical variables alone accounted for limited variance in the prediction of police officer termination. The use of biographical information as a sole determinant of police candidate suitability was not supported and the use of additional sources of data would be required for effectual forecasting purposes.     

论执法保障与行政执法能力的提高

依法行政的重心在于行政执法。要完成执法任务,行政执法主体必须具备相应的能力。我国当前行政执法中存在诸多问题的一个重要原因就是由于行政执法缺乏保障而致使行政执法主体的能力欠缺。因而,应加强对行政执法的保障,提高行政执法主体的执法能力。     

美国反避税立法之CFC规则研究

随着经济全球化的深入发展,跨国纳税人的避税行为日益频繁,反避税立法成为国际税法和国内税法的共同任务。美国是世界上最早进行反避税立法的国家,其中,其受控外国公司立法,是世界上第一个CFC规则,已经成为其他国家相关立法的模板。由于越来越多的跨国纳税人利用递延纳税进行避税,CFC规则价值凸显,其在美国反避税法律体系中的地位也日趋重要,具体规则也日趋严厉。尽管美国CFC规则也面临一定的冲突和挑战,其反避税价值仍然值得我们深入研究。近年来我国也面临严峻的反避税任务,对美国反避税相关立法进行研究,对中国具有直接的现实意义。