The Local Role in Homeland Security

There has been considerable discussion since September 11 of the enormous resource that local police potentially represent in the fight against terrorism. This article identifies limits to the local role in homeland security by analyzing a case study of Dearborn, Michigan. Partly because Dearborn is home to one of the largest concentrations of Arabs in the United States, its experience with homeland security highlights two kinds of burdens that cities incur when they engage in proactive surveillance to identify potential terrorists: damage to their reputation (since police surveillance implies that its objects are not trustworthy) and damage to police legitimacy (since new surveillance may undermine trust between police and the community). Because the benefits of efforts to identify terrorists typically accrue to jurisdictions other than the one that engages in it—unlike street crime, terrorism is a national or even international problem—local governments have little reason to pursue it. Instead, cities such as Dearborn have reason to emphasize what I call the "community protection" aspects of homeland security, such as target hardening and emergency response. This finding has more general implications for our understanding of the police role and the politics of policing, showing how both are shaped by the structural location police occupy in federalist systems of government.     

THE ROLE OF PUBLIC SOCIAL CONTROL IN URBAN NEIGHBORHOODS: A MULTILEVEL ANALYSIS OF VICTIMIZATION RISK*

This study introduces public social control into multilevel victimization research by investigating its impact on household and personal victimization risk for residents across 60 urban neighborhoods. Public social control refers to the ability of neighborhoods to secure external resources necessary for the reduction of crime and victimization. I find that living in neighborhoods with high levels of public social control reduces an individual's likelihood of victimization, especially in disadvantaged neighborhoods. Given the important role that residents of disadvantaged neighborhoods can play in securing public social control, this contingent finding suggests that disadvantaged neighborhoods can be politically viable contexts.     

Perceptions of nursing home workers, police chiefs, and college students regarding crime against the elderly: An exploratory study

The growing elderly population means that crime will play a larger role in future quality of life issues. Even so, few criminal justice endeavors have examined how different actors perceive various aspects of elderly victimization. This paper examines the way four distinct groups—nursing home directors, nursing home employees, police chiefs, and university students—perceive crime against the elderly. Results show nursing home professionals perceive aspects of elderly victimization differently than do police chiefs and college students. Implications are provided.     

Hispanic interaction with the criminal justice system in Texas: Experiences,attitudes, and perceptions

This is an exploratory study of Hispanics in Texas examining attitudes toward crime and the criminal justice system. The study focuses on cultural determinants among Hispanics as affecting attitudes and behaviors and identifies differences between Hispanics and other population groups. The article provides a background of general cultural dynamics which can affect human relationships and then examines specific characteristics of the Hispanic culture. Among the significant findings are that Hispanics in Texas (1) feel “less safe” concerning crime than does the general population, (2) do not feel that the police can reduce the incidence of crime, (3) feel they have inadequate police protection, (4) evaluate the police generally lower than does the general population, (5) feel that the criminal courts are generally fair and just, and (6) possess a strong punitive—rather than rehabilitative—attitude toward corrections. The article presents a critical summary of the methodology and findings of an extensive research project.     

Perception vs. Reality: The Relationship Between Organized Crime and Human Trafficking in Metropolitan Atlanta

Since the enactment of the Trafficking Victims Protection Act of 2000, there has been an increase in both media and scholarly discussions of human trafficking. Although most of these discussions have framed human trafficking as a crime committed primarily by organized crime groups, there has been very little empirical research examining the link between human trafficking and organized crime. In an effort to start to address this gap in the research, we conduct an exploratory study to determine if there is a link between human trafficking and organized crime in one of the Southeast’s human trafficking hubs – Atlanta, Georgia. We collected data on 24 federal human trafficking cases that were indicted in metropolitan Atlanta between 2000 and 2013. Then, we conducted a content analysis of the court documents for each federal human trafficking case and classified the relationship between organized crime and human trafficking using one of three categories: nonexistent, organized criminal network, organized criminal syndicate. For the majority of the human trafficking cases (n = 16), we found that there was no relationship between organized crime and human trafficking. For the cases that did show a relationship between organized crime and human trafficking, we found evidence of organized criminal networks in eight of the cases and evidence of an organized criminal syndicate in only one case.     

The police and crime control: Effectiveness,community policing,and legal change

Conclusion Current research on the level of police resources, patrol and investigation strategies, community policing, and the likely impact of changes in the legal framework confirms the simple truth that the police capacity to influence crime has always been vastly overstated. Unfortunately, the preventive police forces that emerged in Anglo-American jurisdictions in the wake of Sir Robert Peel's new police were linked directly and for the first time to the crime rate. While there was little that they could actually do about the crime rate per se, questions of police effectiveness, resource allocation, and the adequacy of police powers have tended to be answered on the basis of such data ever since. The need now is to find different ways of measuring and evaluating police work. It may be that the major contribution of community policing is to highlight precisely this issue by shifting the focus of policing away from the crime rate and by forcing police departments, politicians, and academics to confront the real capabilities of the police and to devise methods of evaluating them and promoting them to an increasingly skeptical world.This is a revised version of a paper given at the third conference of the Society for the Reform of Criminal Law, Sydney Opera House, Sydney, Australia, March 19–23, 1989.LL.M., University of London 1968; LL.B., University of London 1967.     

Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

Assessing the investigative needs of rural law enforcement

Although the topic of rural crime has received relatively little attention in traditional criminal justice research, the more specialized subtopic of rural criminal investigation has received even less. As criminological research and public attention begin to focus upon rural crime due to its rapid growth, rural police agencies will need to assess their investigative attitudes and resources in an effort to reduce accelerating crime rates. This paper surveyed the attitudes of 52 rural sheriffs in an effort to gather information necessary to assess needs and attitudes unique to the rural investigation.     

Elusive justice: tribal police officers’ perception of justice in an American Indian community

This paper explores justice-related perceptions among tribal police officers providing service within a southeastern Indian Reservation in the United States. Interviews with 27 tribal police officers were conducted to understand the manner of the administration of tribal justice. Almost half of the participants interviewed felt that their tribal justice system was dysfunctional due to inter-tribal politics, federal government restrictions, and lenient tribal judges. Additionally, tribal police officers also described the failure of the federal government in prosecuting felony crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation.     

The Effect of Racial Inequality on Black Male Recidivism

Macrostructural opportunity theorists posit that the unequal distribution of economic resources across racial groups promotes animosities among disadvantaged minorities, disrupts community integration, and fosters criminal activity. Guided by this framework, we hypothesize that Black ex‐prisoners who reenter communities with high levels of racial inequality are more likely to commit new crimes. Support for this argument is found for a large group of males (N = 34,868) released from state prisons to 62 counties in Florida over a 2‐year period. We also find evidence that racial inequality amplifies the adverse effects of person‐level risk factors on recidivism for Black ex‐inmates. In comparison, the effect of inequality on White male recidivism is far less meaningful. These findings underscore the need for researchers to consider social context when studying recidivism among Black males, and also support the efforts of correctional reformers who advocate for state resources to assist prisoner reentry.     

袭警罪中“暴力”的法教义学分析

自《中华人民共和国刑法修正案(十一)》实施以来,全国各地的袭警罪首案频发。司法实务人员对袭警罪中"暴力"的理解泛化以及入罪门槛过低,导致袭警罪大有成为我国继醉驾犯罪之后第二大犯罪的趋势,如何理解袭警罪中的"暴力"因此成为理论和实务中的难题。结合我国司法实务中部分地区发生的袭警罪的典型首案,根据刑法中"暴力"的含义以及袭警罪"暴力袭击"行为的规范内涵,袭警罪中"暴力"的性质仅限于"硬暴力"而不包括"软暴力";暴力的发生仅限于突袭性而不包括缓和及具有预见可能性的非突袭性暴力,暴力突袭性的具体特点包括突发性、瞬时性和意外性;根据袭警罪侵害警察人身安全、妨害公务正常执行从而侵犯公共秩序法益之逻辑关系,以及构成要件符合性与保护法益之间的共通性,应联系暴力袭警行为及其结果,通过法益甄别值得处罚的暴力袭警行为,从而将不具有可罚性的暴力袭警行为排除在刑法的适用范围之外。     

Racial Residential Segregation and Social Control: A Panel Study of the Variation in Police Strength Across U.S Cities, 1980–2010

Despite a great deal of theoretical and empirical attention given to racial residential segregation and its influence on a number of social problems in the United States, few scholars have examined the role that this persistent form of racial inequality plays in shaping the magnitude of formal social control efforts. Our study examines this relationship by assessing the potential influence that the isolation of minorities may have on efforts to control crime in urban centers across the United States. Using a pooled time-series regression technique well suited for the analysis of aggregate, longitudinal data, we assess the potential influence of racial segregation on the size of municipal police departments in 170 U.S. cities between 1980 and 2010. After accounting for minority group size, economic threat, crime, and disorganization, we find that racial residential segregation has a significant non-linear effect on police force size. Cities with the most racially integrated populations have the smallest police presence but at very high levels of segregation, police strength levels off. This finding is consistent with expectations derived from the contact hypothesis. Under such conditions, majority group members appear to be less inclined to demand greater crime control measures such as increased police protection. Period interactions with residential segregation also suggest that this relationship has grown stronger in each decade since 1980. Overall, our study provides strong support for threat theories and the contact hypothesis but offers necessary refinements.     

A further look at long cycles and criminal justice legislation

This article builds on the work of Barlow and Barlow, who use models based on the long economic cycle as a theoretical and empirical means for reorientating examinations of criminal justice trends. Empirically, using factor-analytic and multivariate logistic and OLS procedures, we find some support for long-cycle-model interpretations of trends in federal criminal justice legislation. Equally important, we find no support for a connection between federal criminal justice legislative trends and levels of crime. Our analysis suggests that economic processes exist independent of economic long cycles and crime trends, and that these also should be considered in discussing trends in crime control. In conclusion, we argue that alternative economically situated, contextualized models which look beyond the crimejustice nexus are needed if criminal justice theory and research are to be revitalized.     

Punishing Drug Possession in the Magistrates’ Courts: Time for a Rethink

A lively drug policy debate is going on in the UK, and a central theme emerging is the punishment of drug offenders. The main contributing voices draw attention to the largely futile position of prosecuting offenders through the criminal justice system who are drug addicted and/or who are caught in possession of small quantities of drugs for personal use. This paper adds to this discussion by reporting findings from observations carried out in London Magistrates’ Courts. It notes the relatively high prevalence of small quantity drug possession cases that appeared before the courts over the study days, and questions the value of this type of crime arriving here in the first place. It examines the resultant financial penalties that are most commonly dispensed, and asks whether they can be reasonably justified. It states these are harsh and depriving given the already economically disadvantaged status of most defendants. In addition, case details revealed issues of policing approach involving ‘stop and search’ and the variable application of police discretion. The paper calls for thought to be given to the damage caused to peoples’ lives through pursuing criminalising drug policies, and to the time and economic cost to stretched policing and criminal justice resources. It suggests we learn lessons from other European jurisdictions who assign drug possession for personal use cases, to an arm of the prosecution service where they are processed as ‘out-of-court’, ‘administration offences’.     

THE EFFECTS OF LOCAL LAW ENFORCEMENT BLOCK GRANTS ON SERIOUS CRIME*

Research Summary The Local Law Enforcement Block Grants (LLEBG) Program was second only to the Community‐Oriented Policing Services (COPS) Program in its funding levels. Some $3 billion was dispensed to local jurisdictions to reduce crime and improve public safety; yet the effects of LLEBG funding on crime have been all but ignored. Accordingly, panel data from more than 5,000 cities covering a 12‐year period (1990–2001) were collected, and index crime rates were regressed on LLEBG funding and appropriate demographic controls. Additional controls for police levels and other federal grants were also introduced, proper checks for endogeneity of grants (and police levels) were performed, and the models were subjected to an array of robustness checks. A consistent message emerged: LLEBG Program funding was associated with significant reductions in serious crime. Policy Implications Although LLEBG funding seemed to reduce serious crime, the results also revealed that the decrease did not occur through the hiring of additional police officers, even though many funds were used for that purpose. Other mechanisms were thus at work, but the data did not provide insights into what these mechanisms were. In any case, every $1 in LLEBG funding per capita was associated with approximately 59 fewer index crimes per 100,000 people. When combined with the findings from recent studies of the effects of community policing grants on crime, this study suggests additional federal support for local law‐enforcement agencies should be considered.     

A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

A methodological model

Clues derived from the locations connected to violent repeat criminal offenders, such as serial murderers, rapists, and arsonists, can be of significant assistance to law enforcement. Such information allows police departments to focus their activities, geographically prioritize suspects, and to concentrate saturation or directed patrolling efforts in those zones where the criminal predator is most likely to be active. By examining spatial data connected to a series of crime sites, this methodological model generates a choropleth probability map that indicates the areas most likely to be associated to the offender—home, work site, or travel routes. Based on the Brantingham theoretical structure and the routine activities approach, the model goes beyond simple cluster or centroid analysis by employing specific serial murder research, overlapping modified Pareto functions, and Manhattan distances. The methodology is also sensitive to the target/victim opportunity backcloth, landscape issues, and problems of spatial “outliers.”     

试论警察的审讯圈套

警察审讯犯罪嫌疑人的目的是查明案件的事实真相和获取诉讼证据。犯罪嫌疑人出于防御的本能和趋利避害的心理,总是想否认犯罪,逃避惩罚,因此,审讯不可避免地存在着激烈的对抗性,警察如果想用对待普通守法公民的态度和方法从有罪者中获得证明其有罪的信息,显然是十分困难的,因此,他必须使用一些技巧和策略。从我国的刑事审讯实践看,欺骗性方法也是被实际允许并不时使用的。这种方法在刑事侦查学上常被称为“审讯策略”,其实质是“利用对方的劣势和弱点进行的心战智斗”。     

Few and far between: understanding the role of the victim in federal environmental crime prosecutions in the United States

Efforts to gather systematic data and undertake empirical studies on the extent of environmental crime, the magnitude of environmental victimization, and the punishment of environmental offenders in the United States remains elusive in the criminological literature. We take a novel approach to studying these gaps in the literature, by examining federal environmental crime prosecutions. While not all encompassing, this approach advances the literature by providing valuable insights into what types of human victimization occur, the role victims play in prosecutions, and how offenders are punished. What is the nature and extent of case-documented environmental victimization with regard to human victimization in the U.S. over the past decade? We address this question through a content analysis of the Environmental Protection Agency’s (EPA) criminal investigation cases, 2001–11. Out of 972 total criminal cases, we find that only 3 % of cases involve acute or identifiable victimization. Environmental crime victims, unless immediately harmed, are not likely to play a major role in environmental crime cases; thereby limiting potential political and public attention to victims of environmental crime.     

The prediction and control of organized crime: A risk assessment instrument for targeting law enforcement efforts

Linking isolated instances of organized crime in a systematic way can inform law enforcement in identifying high-risk activities and markets and prioritizing them according to objective factors known to be associated with organized crime. There are five ways in which risk assessment organized crime can be achieved. Improvements to data collection, utilizing a team approach to gather information, identifying common elements in organized crime incidents, understanding the parameters of a risk assessment instrument, and connecting organized crime risk assessment to the implementation of law and policy are practical ways in which organized crime activity can be better anticipated, investigated, and prevented. Connecting isolated incidents to organized crime through better information from offenders, victims, and police is possible with teams of investigators, researchers, and analysts. An organized crime risk assessment tool is presented that offers systematic analysis of opportunity factors, the criminal environment, and harm potential among the seventeen risk factors identified. Risk assessment can be used to evaluate the influence of organized crime in local jurisdictions, and the impact of new laws and policies that affect commerce and criminal opportunities.