“Worth It If It Saves Just One Life”? Ethical Reservations Regarding AMBER Alert

This article provides an exploratory ethical critique of the AMBER Alert system. Using illustrative examples of actual AMBER Alerts and the public discourse regarding them, it notes potentially problematic impacts on victims and/or offenders, and investigation of child abduction cases, as well as the public discourse about the system in particular and threats to children in general. None of these issues have been adequately addressed either by system operators in their public portrayals of the system or rigorous research as to their practical impacts, or in the suggestion of possible remedies. At the heart of the open and unresolved ethical quandaries confronting the AMBER Alert system lies a failure on the part of system operators and supporters to acknowledge apparent limits to the system's effectiveness, and an exaggeration of its capacities in the absence of adequate evidence, which should be sought in earnest through rigorous research. The article argues that system operators should discuss AMBER Alert more candidly and downplay expectations to avert at least some of the problems its facile portrayal can engender. The article also provides directions for future research on the system—research which could either show some of the ethical reservations that are cited to be moot, or reveal ways they could be resolved.     

Empirical evidence for AMBER alert as crime control theater: a comparison of student and community samples

While the AMBER Alert system is intended to facilitate the rescue of abducted children, it has practical and psychological limitations. Participants indicated their emotions and perceptions about Alerts before and after reading a vignette that manipulated details about a child abduction. Results indicate that the Alert system fits some criteria of Crime Control Theater (CCT). CCT polices are emotion-based legal actions that appear to address crime but fail to do so and have unintended consequences. Participants experienced panic about child abduction and believed the system is an effective tool which should be used no matter the unintended consequences. Emotions and panic positively related to perceptions of the system. Still, perceptions were not particularly positive, indicating that some participants recognize the system's limitations. Female and community participants generally had more positive perceptions than males and students, especially when experiencing high emotions or panic. Reading about an abduction reduced emotions overall and led to more positive perceptions (but only in the ‘AMBER Alert success’ condition). Reading about an ‘Alert failure’ did not affect perceptions. Results highlight the role of emotion in shaping perceptions of the system. As with other CCT policies, lawmakers should rely less on community sentiment and more on science when adopting legislation.     

AMBER Alerts: Are School-Type Photographs the Best Choice for Identifying Missing Children?

We investigated how well adults could recognize the faces of children when they differed in appearance from photographs shown in an alert. College students in three studies saw a mock AMBER Alert while watching a television show. The children appeared either well-groomed with positive affect (as in a school photograph) or disheveled with poor affect (as abducted children might appear). Recognition accuracy and confidence were significantly lower when the faces differed in appearance from the alert displayed during the television show. Thus, AMBER Alerts may be more effective if they are accompanied by more than one type of photograph of a missing child, particularly if a photograph is shown in which the child does not appear well-groomed and happy.     

Beyond police crisis intervention: Moving “upstream” to manage cases and places of behavioral health vulnerability

Law enforcement officers continue to serve on the front lines as mental health interventionists, and as such have been subject to a wave of “first generation” reform designed to enhance their crisis response capabilities. Yet, this focus on crisis intervention has not answered recent calls to move “upstream” and bolster early intervention in the name of long-term recovery. This paper reports on findings from an action research project in Philadelphia aimed at exploring opportunities for enhanced upstream engagement. Study methods include spatial analyses of police mental health transportations from an eight year period (2004–2011) and qualitative data from twenty-three “framing conversations” with partners and other stakeholders, seven focus groups with police and outreach workers, five key informant interviews as well as document reviews of the service delivery system in Philadelphia. Recommendations include the need to move beyond a focus on what police can do to a wider conception of city agencies and business stakeholders who can influence vulnerable people and vulnerable spaces of the city. We argue for the need to develop shared principles and rules of engagement that clarify roles and stipulate how best to enlist city resources in a range of circumstances. Since issues of mental health, substance use and disorder are so tightly coupled, we stress the importance of establishing a data-driven approach to crime and disorder reduction in areas of the city we term “hotspots of vulnerability”. In line with a recovery philosophy, such an approach should reduce opportunities for anti-social behavior among the “dually labeled” in ways consistent with “procedural justice”. Furthermore, crime and disorder data flowing from police and security to behavioral health analysts could contribute to a more focused case management of “repeat utilizers” across the two systems. Our central argument is that a twin emphasis on “case management” and “place management” may provide the pillars needed to move upstream and strengthen interventions along a continuum of engagement.     

Charging children with child pornography – Using the legal system to handle the problem of “sexting”

No one would disagree that the purposes and aims of child pornography laws are legitimate and necessary. Recently, however, these laws, which have the ostensible aim of protecting children, are instead being used to punish children and dissuade the new phenomenon of “sexting” in the United States. “Sexting” refers to the use of mobile phones with built-in cameras to produce and distribute images of oneself in a sexually provocative or revealing position. The potential danger that this trend poses to minors is huge. Photographs produced by the use of “sexting” can be distributed to unintended third parties, often leading to embarrassment and harassment. Moreover, senders are also in danger of being charged with possession and distribution of child pornography, regardless of the fact that they are minors and the pictures are often of themselves. Not only is charging minors with child pornography a rather new phenomenon, it also appears to be a strategy that several states are adopting. This paper will look at the growing trend of charging minors who engage in “sexting” with child pornography charges by a case study of an actual prosecution, what the consequences of such a conviction entails in the United States, legislative responses, and an analysis of the appropriateness of using the legal system as a way of dealing with this problem.     

A study of criminal justice policymakers' perspectives: The forgotten component in boot camp programs and goals

Does occupation (sheriff, prosecutor, prison administrator, or parole/probation official) influence selection of boot camp components; especially the traditional positions of “punishers,” usually sheriffs and prosecuting attorneys, and “reformers,” usually prison and probation? As part of a larger study and at the request of the Missouri Department of Corrections, 670 questionnaires were mailed to all Missouri sheriffs, prosecutors, selected prison administrators, probation/parole staff, all public defenders, selected legislatures, and judges in Missouri. Respondents were asked to rank potential boot camp goals and programs using a Likert-type preferences scale of 1 = low preference to 5 = high preference. Three hundred fifty-three were returned, for a return rate of 53 percent. Using the Missouri survey data, the research question for this article was: Did occupation influence selection of boot camp components? To test the association of occupation with selection, a shorter list was compiled from the Missouri survey data of six typical “punishment” items and six typical “reform” items as selected from the literature. Means and a t-test of significance were calculated. Results showed traditional positions of “punishment” and “reform” did not drive program choices. Preference for “reform” items by all occupations was higher than preference for “punishment” items. Results showed a potential shift away from the early military - punishment style of early boot camps. Correctional agencies thinking of reconfiguring or building new boot camps could use the results as a guide.     

English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Is occupational fraud “typical” white-collar crime? A comparison of individual and organizational characteristics

Controversy over the appropriate unit of analysis plagued the white-collar crime literature. This state of affairs was a product, at least in part, of the continued development of two distinct research traditions. Researchers interested in “occupational crime” focused on individuals, whereas “corporate crime” researchers studied organizations. As a result, assumptions persisted about the “typical” offender and organizational setting for white-collar crime. Using a sample of 1,142 occupational fraud cases, the present study addressed voids in the literature by comparing differences in individual offender characteristics (i.e., age, gender, education, and position in the organization) and organizational victim characteristics (i.e., size, type, existing control mechanisms, and revenue) for three types of occupational fraud: asset misappropriation, corruption, and fraudulent statements. The analysis revealed that individuals who committed fraudulent statements conformed to the literature's “high status” image, while those involved in asset misappropriation or corruption more closely resembled D. Weisburd, S. Wheeler, E. Waring, and N. Bode's (1991) “middle-class” offenders. Moreover, organizations victimized by corruption were similar to the literature's depiction of the large, profit-making company setting for white-collar crime, while the other two types of occupational fraud occurred in distinctly different settings. Implications for future research and fraud prevention are provided.     

“Opt in” and “opt out” mechanisms in the internet era – towards a common theory

In order to provide for adequate legal protection mainly in mass-transactions on the internet, both the legislature and private parties increasingly, resort to so-called “opt in” and “opt out” mechanisms. Whether or not an “opt in” or an “opt out” mechanism is used is often decided on a case-by-case basis. The same is true regarding the circumstances under which private parties are or should be allowed to resort to “opt out” mechanisms, and if so, what restrictions should safeguard the free will of the addressees of such mechanisms. This paper argues that the existing “opt in” and “opt out” schemes should not be regarded and discussed as isolated phenomena. Rather, they should be analyzed from the viewpoint of a common underlying legal theory which builds on the common character of the underlying regulatory structure of all “opt in” and “opt out” schemes. This requires a complex matrix which comprises not only the opposites of “in” and “out”, but also of “active” and “inactive”, of “preference” and “non-preference” for the respective default rules, as well as of “ex ante” and “ex post” enforcement of the law. It also involves normative, economic, psychological and, last but not least, technical issues.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Copiepresse SCRL & alii v. Google Inc. – In its decision of 5 May 2011, the Brussels Court of Appeal confirms the prohibitory injunction order banning Google News and Google’s “in cache” function

In 2003, Google made available in Belgium its online free service “Google News”, which consisted in offering Internet users a computer-generated press review. In his orders of 5 September 2006 (previously commented in [2007] 23 CLSR 82–85) and of 13 February 2007 (previously commented in [2007] 23 CLSR 290–293) the President of the High Court of Brussels found that, by offering this service, Google infringed the copyrights of Belgian press editors and authors. On 5 May 2011, the Brussels Court of Appeal upheld to a very large extent the first instance decision. The Court confirmed that Google’s “cache” function and its “Google News” service were infringing the claimants’ copyrights and that Google could not rely on any copyright limitation (such as the exceptions for quotation or for report on news events), legislation or fundamental right.     

Between patterns and processes: Measuring labor markets and family strategies in Flanders, 1750–1990

Although the relationship between “internal” household strategies and “external” constraints has received much attention in recent family history, the debate about the conceptualization of “historical time” and the measurement of the micro-macro-linkages is still in its infancy. The aim of this article is two-fold: (a) to emphasize the importance of recurrence in historical time, by tracing three periods of acceleration in the societal changes of the two last centuries, and (b) to test the possibilities of comparative statistics that link micro-patterns and macro-processes. The exercise is applied to two rural regions and one urban area in Flanders.     

Robots in the cloud with privacy: A new threat to data protection?

The focus of this paper is on the class of robots for personal or domestic use, which are connected to a networked repository on the internet that allows such machines to share the information required for object recognition, navigation and task completion in the real world. The aim is to shed light on how these robots will challenge current rules on data protection and privacy. On one hand, a new generation of network-centric applications could in fact collect data incessantly and in ways that are “out of control,” because such machines are increasingly “autonomous.” On the other hand, it is likely that individual interaction with personal machines, domestic robots, and so forth, will also affect what U.S. common lawyers sum up with the Katz's test as a reasonable “expectation of privacy.” Whilst lawyers continue to liken people's responsibility for the behaviour of robots to the traditional liability for harm provoked by animals, children, or employees, attention should be drawn to the different ways in which humans will treat, train, or manage their robots-in-the-cloud, and how the human–robot interaction may affect the multiple types of information that are appropriate to reveal, share, or transfer, in a given context.     

General systems theory and criminal justice

Criminal justice agencies are organized sequentially — “output” from one agency is “input” to the next — but most scholars argue that criminal justice is not a system in a theoretical sense. In this article, it is argued that general systems theory (GST) reveals important insights into criminal justice structures and functions. Specifically, it is argued that the criminal justice system processes “cases” rather than people, and that the common goal of criminal justice processing is to “close cases so that they stay closed.” It also is argued that processing capacity progressively declines, in that at each system point the subsequent agency cannot input as many cases as the previous agency can output. Each agency therefore experiences “backward pressure” to close cases in order to reduce input to the next agency. Overall, this article highlights that criminal justice agents and agencies are best understood as operating in the context of the larger whole, thus it is concluded that criminal justice is a system in the sense of general systems theory.     

The relationship between crime and “objective” versus “subjective” strains

Agnew's (2001, 2006) general strain theory makes a distinction between “objective” strains, which refer to events and conditions which are disliked by most people in a given group, and “subjective” strains, which refer to events and conditions which are disliked by the people who have experienced them. Agnew argues that there is only partial overlap between objective and subjective strains, since many people do not subjectively evaluate the objective strains they experience in a negative manner. Further, Agnew argues that subjective strains should be more strongly associated with crime, since they are more likely to generate the negative emotions that lead to crime. This article tests Agnew's arguments with data from a sample of Italian youth. The results provide some support for Agnew, suggesting that many people do not evaluate the objective strains they experience in a negative manner and that subjective strains are more strongly associated with crime than are objective strains. These findings have important implications for the research on general strain theory.     

Some technological implications for ascertaining the contents of contracts in web-based transactions

This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.     

Shared services: An outline of key contractual issues

In the wake of the Gershon Report, commissioned to find ways of saving £20 billion in the UK public sector, and the growing strain on the public purse following the credit crunch and the global financial recession, procuring bodies are increasingly looking to the “shared services” procurement model to take advantage of economies of scale and best practice. This article examines the legal issues thrown up by the shared services model and ways of managing them.     

Chilling ISPs… when private regulators act without adequate public framework…

Self-regulation has found its adepts very early, but more academics are beginning to question its appropriateness and calling for a “hybrid regulation” as cyberspace becomes more and more an essential means of communication in everyday life. Yet, today the private sector has never been so strong within cyberspace and the chances to see the flowering of what U.S. lawyers know as public forums keep on diminishing. The success of filtering measures, the implementation is which is most of the time opaque, confirms this trend. More generally, the desire to see private powers confined in the digital environment is far from being granted. This is certainly due in part to the relative obsolescence of legal concepts that are inapt to frame the behavior of intermediaries, which do play the role of regulators. This paper thus seeks to determine and analyse the legal framework within which intermediaries act in cyberspace.     

… and still we are left wanting: Malta's White Paper on digital rights

CLSR welcomes occasional comment pieces on issues of current importance in the law and technology field from different jurisdictions. In this instance the Government of Malta published a White Paper in October 2012 for public consultation, proposing the introduction of the following four so-called “digital rights” in the Constitution of Malta: (1) the right to Internet access; (2) the right to informational access; (3) the right to informational freedom and (4) the right to digital informational self-determination. The author believes that the proposal is indeed a step in the right direction but lacks punch where it matters most and does not go far enough.     

Open access to public documents – More secrecy,less transparency!

Prospects are grim for greater access to public documents. The recent initiatives of the Council of Europe to enact a new international convention on access to public documents and recent proposal by the European Commission to revise the law on public access would actually narrow the right of access. The proposed laws would allow governments and the EU Commission to increase its discretionary power to control the flow of information. The draft CoE Convention sets an overly-low standard and restricts information held in electronic databases if the information is not “easily retrievable” or does not “logically belong together”. Similarly, the proposed amendments to the EU Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents would exclude access to documents that do not appear on a register. This would give the EU Commission a wide discretion to share documents informally with a limited number of people, such as interest groups. The Commission's proposal would relieve the EU institutions of its current obligation to show concretely the harm that would occur as a result of disclosure when refusing access to documents. The new proposal has been criticised for subordinating transparency rules to data legislation. The proposals initiated under the Swedish leadership would be a step backwards for transparency.