Comparing Discourse to Officer Perceptions: The Problems of War and Militarization in Wildlife Crime Enforcement

‘War’ has become a common model and metaphor for biodiversity conservation in Africa. By discussing the specific challenges of wildlife crime enforcement in Uganda, this article challenges the ‘war on wildlife crime’ discourse. It concludes that in the context of Uganda, the discourse is profoundly unhelpful because of a lack of alignment between the problems highlighted by Ugandan law enforcement officers interviewed and the solutions typically favoured in the ‘wars on crime’. Most wildlife crimes are subsistence-driven and interviewees’ requests are for basic equipment and conventional capacity building. Findings demonstrate that the language of war, militarization and securitization should be used with caution as it risks constructing an image of wildlife crime that is misleading—and one that prevents responses that are effective in the long term.     

Crime scene staging and its detection

Crime scene staging is a recognized phenomenon within the criminal justice field. This article defines the occurrence for staging, identifies the motives for staging, and identifies the act that precipitated the staging. It reports the results of an exploratory survey of 20 well-versed and highly trained law enforcement officers' experience with staging in fatal and nonfatal incidents, and it reports the most commonly observed forms of crime scene staging. Investigative strategies and indicators of staging are also presented.     

循私舞弊不移交刑事案件罪的主体认定

准确认定犯罪主体,是追究犯罪行为人刑事责任的基础。对循私舞弊不移交刑事案件罪的犯罪主体的认定,因行政执法的复杂性,使刑法理论和实践上均存有较大的争议。从微观结构上,本罪主体资格内在的逻辑构成要素可分为身份要素、事实要素和权力要素三个方面事实特征,据此以准确认定本罪的犯罪主体。     

To protect and collect: a nationwide study of profit-motivated police crime

This study is part of a larger research project on police crime in the United States. Police crimes are those criminal offenses committed by sworn law enforcement officers who have the general powers of arrest. Profit-motivated police crime involves officers who use their authority of position to engage in crime for personal gain. This study reports the findings on 1,591 cases where a law enforcement officer was arrested for one or more profit-motivated crimes during the seven-year period 2005–2011. The profit-motivated arrest cases involved 1,396 individual officers employed by 782 state, local, special, constable, and tribal law enforcement agencies located in 531 counties and independent cities in 47 states and the District of Columbia. Our data is the first systematic study of profit-motivated police crime. The study describes the nature of this form of police misconduct in terms of several dimensions, including the characteristics of police who perpetrate these crimes, where it occurs, the specific criminal charges, and the contexts within which profit-motivated police crime is punished through police agencies and the criminal courts.     

Researcher–practitioner partnerships and crime analysis: a case study in action research

This paper describes a recent researcher–practitioner partnership designed to address the challenges faced by law enforcement agencies when implementing crime control and prevention strategies. Using an action research methodology, the project embedded a group of trained students within the law enforcement community to assist with local crime problems and supplement existing crime analysis and research capabilities in six agency units. Results of this case study offer several implications for future researcher–practitioner partnerships focused on crime analysis and present an enhanced set of metrics for evaluating success.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

WE NEVER CALL THE COPS AND HERE IS WHY: A QUALITATIVE EXAMINATION OF LEGAL CYNICISM IN THREE PHILADELPHIA NEIGHBORHOODS*

This article presents data from the completed first wave of a multiwave comparative study of crime, danger, and informal social control that focuses on youth living in three high‐crime neighborhoods in Philadelphia, PA (N= 147). The study is a purposive sample of delinquent and nondelinquent young men and women in one predominantly African‐American, one predominantly Latino, and one predominantly white neighborhood, and researchers have completed in‐depth interviews and self‐reports with each subject. This article focuses on the narratives that youth living in high‐crime neighborhoods build around their contact with police and the strategies the young people propose for crime reduction in their communities. The data illustrate that most youth in each neighborhood are negatively disposed toward police and that this is grounded in the lived experience of negative encounters with law enforcement. However, when youth expounded on what they thought would reduce crime, they overwhelmingly chose increased and tougher law enforcement. We analyze these findings to determine whether support exists for a subcultural approach or a cultural attenuation/procedural justice argument, and we explore the implications of our findings for community‐based crime control.     

Measuring organised crime-related harms: exploring five policing methods

Many law enforcement agencies around the world have adopted risk assessment methodologies to analyse organised crime. These assessments, which are intended to provide law enforcement management with rigourous analysis to enable rational and objective decision-making processes, are an integral part of intelligence-led policing. Despite the prevalence of these assessments, as the assessments and their methodologies are often tightly restricted within the law enforcement community, it is often unclear how law enforcement defines, analyses and makes decisions about organised crime. While the use of risk assessment methodology in policing to analyse organised crime is generally under-evaluated, critics point to serious methodological weaknesses. Another less-explored aspect in the scholarly literature is how law enforcement conceptualises and measures the impact of “harm” from organised crime and uses this analysis to inform priority-setting processes. This article explores how law enforcement assesses organised crime-related harm by examining five policing methods—one each from Australia and the Netherlands and three from the United Kingdom. The article finds that the methods have significant shortcomings: the main concepts are generally ill-defined and the operationalisation of these concepts is problematic. More importantly, the problems evident in the harm methods raise several critical questions, specifically whether measuring organised crime-related harms is empirically feasible and, if so, can be undertaken in a manner that meaningfully informs law enforcement’s decision-making and limits undue political interference.     

徇私舞弊不移交刑事案件罪名设置及其客体的认定

徇私舞弊不移交刑事案件罪的设置有着重要的意义 ,但目前刑法界对其客体有不同的认识 ,具有几种代表性的观点均不能准确揭示本罪的犯罪客体。要准确界定本罪的客体必须着眼于本罪直接客体的本质和特征的分析 ,并以本罪的不作为犯罪构成为基础 ,具体分析本罪的三大特点 ,进而准确界定本罪的犯罪客体 ,即行政执法人员对刑事案件应当移送司法机关处理的义务和刑事司法职权     

The problem of untested sexual assault kits: why are some kits never submitted to a crime laboratory?

Victims of sexual assault are often advised to seek postassault medical care to have a forensic exam, which includes evidence collection (termed a sexual assault kit [SAK]). After the exam, law enforcement personnel are supposed to submit the SAK to a crime laboratory for analysis. However, recent media reports suggest that in many communities throughout the United States, thousands of SAKs are left untested. Few studies have examined the rate at which law enforcement submits SAKs to crime labs or the factors that may predict them to do so. Thus, the purpose of this exploratory study is twofold: (a) to examine the percentage of SAKs law enforcement submits to crime labs in cases in which a sexual assault nurse examiner (SANE) performed the exam with adult victims and (b) to explore whether assault and law enforcement characteristics predict whether SAKs are submitted to a crime lab. This study found that only 58.6% of the SAKs were submitted to the crime lab within a large Midwestern county. Using binary logistic regression, this study found that kits were significantly as likely to be submitted when there were documented physical (nonanogenital) injuries compared with kits that did not have documented physical injuries. In addition, kits that were handled by a law enforcement agency that had a high level of engagement with the SANE program were significantly as likely to be submitted as law enforcement agencies with a low or medium level of engagement. Kits were significantly less likely to be submitted when victims cleaned themselves after the sexual assault (e.g., bathing). No association was found between kit submission and the victim-offender relationship, suspected drug-facilitated sexual assault, anogenital injury, and when the victim consumed alcohol or drugs before the assault. This article concludes with a discussion of the implications for research and practice.     

The Fox and the Hunters: How IC Technologies Change the Crime Race

The article deals with the impact of new technologies on crime. Specifically, the analysis develops two aspects: an analysis of how new technologies are reshaping criminal typologies, dynamics and trends; and an analysis of the most important challenges that legislation, law enforcement and science have to face in order to prevent and combat Information and Communication Technologies (ICT)-related crime. From the methodological perspective, each section opens with a specific question and develops by trying to find a suitable answer. The paper starts by analysing what impact new technologies have on society and crime. It continues by examining how criminal patterns are changing (How does ICT facilitate the commission of new and traditional crimes?) and who these criminals are (Are criminals really going cyber?). It ends by focusing on the other side, on how crime is prevented and combated (How are technologies reshaping the approach and the fight against crime at legal, law enforcement and scientific levels?). The analysis and the results achieved show that new technologies are valuable means in the hand of both criminals and institutions involved in the fight against crime. There is thus an urgent need to improve knowledge about the phenomena, and develop new paradigms and theories together with best practices.     

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.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.     

A forensic image processing environment for investigation of surveillance video

We present an image processing software suite, based on the Matlab environment, specifically designed to be used as a forensic tool by law enforcement laboratories in the analysis of crime scene videos and images. Our aim is to overcome some drawbacks which normally appear when using standard image processing tools for this application, i.e. mainly the lack of full control and documentation on the operations which have been performed on the images, and the absence of new, more sophisticated algorithms which can provide improved performances and "make the difference" in critical cases.     

Politics,Prisons, and Law Enforcement: An Examination of the Emergence of “Law and Order” Politics in Texas

This article examines the rise of “law and order” politics in Texas, providing an in‐depth archival case study of changes in prison policy in a Southern state during the pivotal period when many U.S. states turned to mass incarceration. It brings attention to the important role an insurgent Republican governor and law enforcement officials played in shaping crime policy. Law enforcement's role is considered within a broader examination of political strategy during a period of intense socioeconomic volatility. The findings suggest that within particular political contexts, especially those with low levels of political participation, law enforcement agents might play a key role in shaping punishment.     

Crimes and the need for Sanction Capacity in the Netherlands: Trends and Backgrounds

This article presents recent trends in, and forecasts of, the need for sanction capacity in the Netherlands. Different types of crime show different trends at the moment. The need for prison capacity is still growing but at a smaller rate than before. The Jukebox-1 model, which is used for (a part of) the forecasts, is described. It relates the trends in the capacity needed for prisons and task-sanctions for adults to trends in crime and law enforcement activities. Trends in crime are in turn related to demographic and socio-economic factors and law enforcement performance indicators. Some policy simulations with the model are sketched.     

The challenges to Mexico in times of political change

Mexico is making the transitionfrom an authoritarian to a democraticsociety. It has significant criminaljustice and public security challenges inthis new era of its political history. Mexico's law enforcement institutions stilllack accountability and the trust of thepeople. Although President Vicente Fox hasdeclared that he will improve publicsecurity and reform law enforcement, he hadfailed to produce significant results thusfar. In order for Fox to achieve thesegoals, he must implement institutionalaccountability and transparency, improveintelligence collection capabilities tocombat organized crime and drugtrafficking, and develop a more broad basedeconomy that will benefit all of Mexico.     

Crime scene analysis and the escalation of violence in serial rape.

The current study examines the crime scene behavior manifest by 108 serial rapists responsible for the perpetration of 565 rapes across various cities within the US. The goal of the current study is to identify which aspects of crime scene behavior reported to law enforcement by the victim are most useful in predicting, early in a series of offenses, which rapists are most likely to escalate into higher and, at times, life threatening levels of violence. Using 58 scales that quantify the verbal, physical, and sexual behavior manifest by a rapist in his interaction with his victim during his first reported rape and 36 modal variables that summarized approach, timing, demographics, and weapon usage across the series of rapes, the study attempts to differentiate between those rapists who escalate in their use of blunt force (Increasers) from those who do not (Non-Increasers). A logistic regression indicates that rapists who are white rather than of minority status and who, at the time of their first reported rape, rape their victims for longer periods of time and use more profanity are more likely to escalate in their level of blunt force than those rapists who do not exhibit these behaviors. The relevance of this type of predictive framework for law enforcement in its attempts to prioritize particular investigations is discussed.     

Construction of the problem of Latin gangs in Spain and response of the law enforcement system

Recently, since their official recognition as criminal organizations by Spanish law enforcement authorities, stricter prosecution of Latin street gangs has been observed. The toughening of legal regulations, new models of police conduct and the increasingly active role of prosecutors have contributed to greater punitive pressure on the gangs. This article has two main objectives: first, to describe changes in Spanish criminal policies for the treatment of Latin American street gangs; second, to analyse to what extent these changes are in consonance with empirical findings on criminal involvement and the organizational nature of these groups. The results show that despite the recent increase in criminal activity these groups cannot be viewed as the only parties to blame for local street crime. The opinion of the law enforcement authorities that Latin American street gangs are a form of organized crime is far from reality. These groups do not have the required combination of characteristics inherent to criminal organizations, and their purposes are not always exclusively criminal.     

Why teach crime scene management to forensic university students?

Despite enhanced forensic collaborations between law enforcement agencies and universities, crime scene management remains a domain seen more as technical than scientific, largely carried out by sworn police officers qualified as scene of crime officers (SOCOs), confining forensic graduates to specialized expertise fields. Under such circumstances, we must ask ourselves why and how do we provide a generalised dedicated course to academic pupils who are not primarily intended to join such teams, excepting sometimes to assist them on a specialized field (explosion, arson, etc.)?Currently in Quebec, forensic graduates cannot join crime scene units attached to police forces, mainly because of unions, which argue about the need to be an experienced police officer before qualifying for a crime scene course.Based on the operational experience of the author, who created the foundational graduate forensic programme in Quebec, Canada, this paper will explain why such an academic course is still of high importance, its rationale within an academic curriculum, its goal and its implementation. Challenges are still to be considered, but selected feedback from students who understood that the aim of this course is distinct from their formal support disciplines, encourage such an approach.