Race and decision making within juvenile justice: The importance of context

Previous tests of the influence of race on decision making within juvenile justice proceedings have traditionally focused on case-level variables and/or macrolevel factors that characterize the jurisdictions under study. Often excluded are measures of the attitudinal context within which decision making occurs. Using a revised conflict perspective that incorporates the role of racial stereotyping, hypotheses are developed centering on racial differences in case processing decisions within four midwest jurisdictions. Attitudes of juvenile court officials toward the punitiveness of the juvenile court and perceptions regarding differences between the behavior and attitudes of whites and those of African Americans are included in additive and race interactive models of five decision-making stages. Results indicate both lenient and harsh treatment of African Americans compared to whites. Hypotheses regarding racial stereotyping in the decision-making process receive some support and the discussion focuses on how inconsistent racial effects may be a function of variation in structural “coupling” across system decision points.     

Pirates,prisoners, and preliterates: anarchic context and the private enforcement of law

This paper investigates institutions that develop to strengthen or expand the discipline of continuous dealings as a mechanism for privately enforcing law. I consider three such institutions in three different anarchic contexts: that of Caribbean pirates; that of drug-dealing gangs and prison inmates; and that of preliterate tribesmen. These cases highlight several ways in which different anarchic contexts give rise to different private law enforcement institutions. The varieties of private law enforcement institutions that emerge in different anarchic contexts reflect the particular problem situations that persons who rely on those institutions confront in their attempts to protect property rights without government.     

Fraud, banking crisis, and regulatory enforcement: Evidence from micro-level transactions data

Can widespread fraud cause large scale banking crises? We address this issue in the context of the recent Turkish banking crisis of 2000, which was followed by a severe recession and currency crisis. Using detailed micro-level transactions data, we show that related lending and back-to-back loans across banks were used to circumvent regulation and transfer deposits to private holding companies that were ruined. Our evidence suggests that systemic fraud coupled with weak enforcement of conventional regulatory principles can be a source of banking crisis.     

The organizational values of law enforcement agencies: The impact of field training officers in the socialization of police recruits to law enforcement organizations

This article examines how the values communicated by Field Training Officers (FTOs) influence the behaviors of police recruits to conform to the norms of the police culture. Analysis and interpretation of the written responses of police recruits to a program evaluation form in a police department located in the western United States were used to identify the explicit and implicit values that were communicated during the Field Training Program (FTP). The findings of this study indicated that although positive explicit values were communicated during the FTP, several potentially negative implicit values were also communicated to police recruits. Consequently, the perceived status of the FTO is an important factor in police recruits learning job-related values. Recommendations are made for developing effective leadership strategies for bringing greater levels of congruency between the explicit and implicit values of law enforcement organizations that are communicated to police recruits during the training process and organizational socialization. Author Note: Wade Engelson is a lieutenant with the Fresno Police Department. He has been with the department for 12 years and is currently assigned as the Commander of the Special Investigations Bureau. He holds a Bachelor’s degree in Business/Economics and a Master’s degree in Public Administration from California State University, Fresno. He holds a Doctorate in Educational Leadership from the University of California, Davis/California State University, Fresno Joint Doctoral Program. He has taught in a variety of settings and has published articles in the fields of sexual harassment, organizational socialization, tactics, and training issues. His research interests include leadership issues, organizational socialization, and the hidden curriculum of organizations.     

Overcoming the benchmark problem in estimating bias in traffic enforcement: the use of automatic traffic enforcement cameras

Objectives

The existence of bias in law enforcement can be difficult to verify or disprove, in part because of the difficulty of finding a benchmark—an objective estimate of actual offenses committed by the studied population—that can be compared with police enforcement. In the current study, we propose and test a method for examining bias in enforcement of speeding offenses.

Method

Using all speeding tickets issued in Israel in 2013–2015, we compare speeding tickets generated by stationary automatic traffic cameras, which provide an objective estimate of speed offenses, with speeding tickets issued manually by police officers, based on drivers’ ethnicity with further distribution by gender and age.

Results

Initial findings indicate that, overall, speeding tickets issued by police officers in Israel are not biased based on drivers’ ethnicity.

Conclusions

This study highlights the importance of distinguishing between overrepresentation and bias in law enforcement, which sometimes seem to be blurred in the literature.

     

Posse Comitatus revisited: The use of the military in civil law enforcement

The Posse Comitatus Act of 1878, which removed the military from regular civil law enforcement, was in response to the abuses resulting from the extensive use of the army in civil law enforcement during the Civil War and the Reconstruction. The Act allows legislated exceptions. Congress, by legislation, has allowed the use of the military in cases of domestic violence, protection of federal property, and enforcement of some federal laws and court orders.The growing drug problem in the United States and the inability of federal and local law enforcement officials to meet the challenge of massive drug inflow led Congress in 1981 to enact legislation providing for military cooperation with civilian law enforcement officials. Although recognizing the Posse Comitatus restrictions, the law opens the door for extensive use of the military in civilian law enforcement. The military has been slow to respond because it does not wish to become embroiled in civilian law enforcement, and there are questions concerning funding. Further, the military does not want to have its readiness capability impaired by diverting resources toward civilian law enforcement.The Department of Defense has developed directives to provide types of direct and indirect assistance to civilian law enforcement agencies. Currently, the military collects information and uses military equipment in tracking violators of the drug laws. Demands for greater military involvement in the war on drugs are being made. Military cooperation with civil law enforcement agencies can be expected to increase.     

The economics of environmental law enforcement: end-of-life vehicles

Abandoned End-of-Life Vehicles (ELVs) have been an environmental concern for a long time in a number of countries. This article examines different ways to address the issue by changing the incentive structure for agents. Following (Polinsky A. M., & Shavell, S. (2000). The Economic theory of public enforcement of law. Journal of Economic Literature, 38, 45–76.) a model is used to compare a fine-based system with a deposit-refund system; a combination of the two is then considered. It is shown that when the environmental harm is relatively low and constant, a deposit-refund system is preferred. When cases of high environmental harm are included, the optimal choice would be a combined system.      

Private antitrust enforcement and the role of harmed parties in public enforcement

It is commonly believed that the possibility to sue privately for antitrust damages increases the probability that anticompetitive actions are prosecuted at the cost of an increased probability that procompetitive actions are prosecuted. We extend the analysis by taking into account that private parties often submit evidence during public investigation. Such parties consider private suit as a partial substitute for public prosecution. The trial option might induce these parties to be less willing to contribute evidence to public cases. Private trials crowd out public prosecution. In effect, the probability of prosecution of anticompetitive actions might decrease, while the earlier result that the probability of prosecuted actions being prosecuted is confirmed. In general, while the attractiveness of trials weakly decreases by considering a reporting possibility, they can remain an enforcement efficacy increasing institution.     

Indications of goal displacement induced by budget cuts and output management: a case study of a regulatory enforcement agency in the Netherlands

A case study was conducted at a regulatory enforcement agency in the Netherlands to explore whether it might be affected by goal displacement and, if so, to gain insight into the possible causes of the phenomenon. The results indicate three distinct types of goal displacement, each of which appears to substantially impair the effectiveness of the agency in a specific way. It is argued that the combination of multiple, consecutive budget cuts imposed on the agency and a strong culture of output management have played a key role in generating goal displacement. In more general terms, the study shows the potential usefulness of a goal displacement perspective in investigating the effectiveness of enforcement agencies.     

Saturated enforcement: The efficacy of deterrence and drunk driving

Deterrence theory generally finds support among studies focusing on changes in apprehension certainty, in punishment celerity, or in punishment severity. However, scientific evidence establishing a clear deterrent effect of criminal justice institutions on criminal behavior remains problematic partly because of measurement, design and/or experimental control difficulties. This study attempts to overcome some of these methodological difficulties by measuring deterrence in a drunk driving enforcement program in a small Wisconsin city. It demonstrates a statistically significant relationship between a carefully designed enforcement program and driver response measured by accident rates. This finding is contrary to some recent studies challenging the efficacy of enforcement efforts aimed at traffic accident reductions. A general discussion of deterrence and enforcement amplifies the findings and conclusions. A word of caution is added regarding the findings.     

The fairness of sanctions: some implications for optimal enforcement policy

In this article we incorporate notions of the fairness of sanctionsinto the standard model of public enforcement. When both theprobability and magnitude of sanctions may be varied, the usualsolution involves a very high sanction and a relatively lowprobability of enforcement if individuals are risk neutral.When the issue of fairness is added to the analysis, the optimalsanction generally is not extremely high because such a sanctionwould be seen as unfair. The optimal probability of imposingsanctions may be higher than in the usual case (to offset thelower sanction) or lower than in the usual case (because thelower sanction reduces the effectiveness of enforcement).     

The evolution of regulatory enforcement action in the UK capital markets: a case of 'less is more'?

The first 150 words of the full text of this article appear below. Key points

• Formal enforcement action is a relatively rare occurrencewithin the UK capital markets regulatory framework. This characteristicdistinguishes the UK from the US, where there is a more intensefocus on enforcement, both public and private.
• Several featuresof the UK regulatory system contribute towards a low incidenceof enforcement. Some of these features are embedded in the statutoryframework, but the FSA has played a key role in the developmentof enforcement policy, while the continuing presence of self-regulationin the form of the Combined Code has also played a part.
• Thefocus on risk-based regulation in the UK has been a major influencefor enforcement policy. The move to more principles-based regulationhas also been a factor but one that is more difficult to interpret.If it is correct to assume that principles-based regulationdoes not affect the intensity of regulation, then the effecton the . . . [Full Text of this Article]