Assessing strategies for improving law enforcement / security relationships: Implications for community policing

Though much has been written about law enforcement agencies developing partnerships with citizen groups in the context of community policing, very little research has addressed the role of private security as a viable partner in law enforcement. The basis for developing working relationship is sharing common goals as well as having mutual respect for each other. A further important ingredient for developing sound relationships includes the presence and fostering of positive perceptions and attitudes toward each other. In this paper we examine a sample of 284 police officers and 236 security professionals in a Midwestern state to assess their perceptions on strategies to improve police/security relationships. Implications for developing partnerships are discussed.     

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.     

Intellectual property and white-collar crime: report of issues,trends, and problems for future research

This research examines the association between intellectual property (IP) and whitecollar crime (WCC), and identifies future research that might benefit policymakers; federal, state, and local agencies; and the general public. Research methods include a review of literature, a review of information and data in IPR violations and WCC, and inquiry in areas that directly deal with IP laws and enforcement practices, such as law enforcement agencies, IP-based industries and private law firms.     

The Context of Minority Group Threat: Race, Institutions, and Complying with Hate Crime Law

A wealth of research suggests a direct association between minority group size and government social control, such as arrest or imprisonment rates. Prior work in this vein, however, gives scant attention to (1) types of law that explicitly address intergroup conflict and (2) regional variation in the salience of minority group threat. At the same time, research on organizational responses to law indicates that institutional linkages to legal environments dictate policy innovation and compliance, yet the relevance of such linkages for law enforcement agencies is less clear. The present research investigates these themes by focusing on law enforcement responses to hate crime in the United States. Data from a sample of large municipal and county policing agencies and their degree of compliance with the federal Hate Crimes Statistics Act are analyzed. Main effects models show that compliance with federal hate crime law is less likely in places with larger black populations, an intriguing finding in light of extant work suggesting that both formal social control and race-based hate crime offending are typically more prevalent where more blacks reside. This effect of black population size on compliance with hate crime law, however, is contingent on region. A positive correlation in the Northeast contrasts with an inverse association in the South. The findings also suggest that organizational facets of law enforcement agencies, notably their engagement in community policing, are associated with compliance. The results elaborate and qualify group threat explanations of government social control and contribute to a burgeoning literature on the utility of organizational theory in the realm of law enforcement.     

Fragmentation and cooperation: the evolution of organized crime in Mexico

Some researchers suggest that the observed boom in the levels of violence in Mexico since 2008 are a consequence of placing federal military forces in states with a significant organized crime presence. However, little has been said about the role of the changeable, competitive, and violent nature of criminal organizations on this increasing violence. Using the literature on inter- and intra-state conflicts as matter of analogy to explain organized crime developments in Mexico, fragmentation and cooperation seem to be determinant forces that alter the equilibrium within Mexican criminal groups, affecting their territorial control. By using a private dataset gathered by the Drug Policy Program at the Center for Economic Research and Teaching (CIDE), we examine the evolution of criminal organizations in Mexico by focusing on their different alliances and fragmentations from December 2006 to December 2011. Our analysis suggests that violence is a consequence not only of the law enforcement actions, but also of the fragmentation and cooperation within and between private groups.     

The inefficacy of private enforcement of directors’ duties

Company directors play an important role in society. Their activities have significant effects on the interests of their companies, shareholders and other stakeholders. Consequently, the law regards them as fiduciaries and imposes duties which set out behavioural expectations. The private enforcement regime is the primary mechanism adopted by many common law jurisdictions for securing compliance with directors’ duties. The crucial question is whether this regime is effective in securing enforcement of directors’ duties. This article addresses this question by examining the fundamental weaknesses of the private enforcement regime. In exploring these weaknesses, it focuses on the UK and Nigerian experience. It crucially argues that the private enforcement regime, due to its weaknesses, is unable to provide deterrence and compensatory benefits. It is therefore ineffective as an enforcement mechanism for breach of directors’ duties. This article therefore concludes that there is need for a complementary enforcement regime.     

COMPARING ANTITRUST ENFORCEMENT IN THE UNITED STATES AND EUROPE

Among the many important changes wrought by Regulation 1/2003are the decentralization of responsibility for enforcing EUcompetition law from Brussels to Member States and the creationof the European Competition Network to encourage coordinationand information-sharing among the 26 competition authoritiesin the EU. This article contrasts Europe's new system of competitionenforcement under Regulation 1/2003 with that of the UnitedStates. I focus upon two of the more significant features ofthe U.S. system: the dual legislative and enforcement authorityof the States and the Federal Government, and private enforcement.The Commission is presently evaluating measures to facilitateprivate enforcement and is set to release a Green Paper on thattopic later this year. I highlight a few characteristics thathave made private enforcement such a significant component ofthe U.S. antitrust regime, in some ways and at some times providingtoo much incentive for plaintiffs, at the expense of neutralor procompetitive business activity.     

Ambivalent sexism,empathy and law enforcement attitudes towards partner violence against women among male police officers

Police attitudes towards partner violence against women (PVAW) can play an important role in their evaluation and responses to this type of violence. The present study aims to examine ambivalent sexism and empathy as determinants of male police officers' law enforcement attitudes towards PVAW. The study sample was composed by 404 male police officers. Results suggested that male police officers scoring low in benevolent sexism expressed a general preference for unconditional law enforcement (i.e. regardless of the victim's willingness to press charges against the offender), whereas those scoring high in benevolent sexism expressed a preference for conditional law enforcement (i.e. depending on the willingness of the victim to press charges against the offender). Results also showed that police officers scoring high in empathy and low in hostile sexism were those who expressed a general preference for unconditional law enforcement. The presence of sexist attitudes and low levels of empathy among some police officers, and their influence on law enforcement attitudes, highlights not only the importance of specific training, but also the need to pay attention to the selection process of police officers dealing with PVAW.     

Victims' Rights, Victims' Expectations, and Law Enforcement Workers' Constraints in Cases of Murder

Research on crime victims and their experiences with the criminal justice system suggests that victims' rights (e.g., victim impact statements) and victims' services (e.g., crime victims' compensation, counseling) have not significantly improved victims' satisfaction with the criminal justice system or their recovery from the crime. Thus, we appear to know little about how to satisfy and assist victims of crime. This study uses the symbolic interactionist perspective to examine victims' experiences with law enforcement workers (e.g., detectives, counselors) with a focus on people who have lost a loved one to murder ("bereaved victims"). The data come from in-depth interviews with thirty-two bereaved victims, seven law enforcement workers, and three crime victims' advocates in Union County (pseudonym). Bereaved victims define the victim role differently from law enforcement workers, creating two main points of conflict with workers: (1) a conflict over their deceased loved one's body, and (2) a conflict over the flow of information in the case. Bereaved victims' frustrations over these conflicts created problems for their recovery. Bereaved victims' efforts to see their deceased loved one's body, guide detectives' investigation, and learn information about the murder and the investigation took a back seat to detectives' interests in protecting the integrity of the investigation and building a strong case for the prosecution. Policy implications are discussed.     

Community policing within campus law enforcement agencies

Campus law enforcement agencies (CLEs) are critical components of the criminal justice system; thus, how they organize is of special interest. CLEs are thought ideal for community policing, a strategy requiring organizational change, yet little research exists on CLE organizations or their use of community policing. This study examines community policing within CLEs and how it impacts organizational structures. The data were gathered in a national BJS survey of CLEs. Results indicated that community policing was only significantly related to formalization. Contrary to community policing mandates, community policing was related to more written policies. Implications and future research are discussed.     

Stand-alone private antitrust damages: (how) should competition authorities react?

The European Commission has recently set up a framework that facilitates the access to the courts by victims of antitrust injury, even in the absence of a ruling by a competition authority (so-called stand-alone private damages, or SPD, actions). Here, I study a game where both public and private antitrust enforcement play a role. Plaintiffs face information acquisition costs (evidence-gathering) if they want to bring an SPD action, but they do not internalise the opportunity cost of the courts?? resources. First, I show that any gain in deterrence has to be traded off against costly litigation and enforcement costs, and that these tradeoffs are heterogeneous across market sizes. Second, taking the competition authority??s actions as exogenous, SPDs can improve welfare only if the competition authority is sufficiently effective: private damages are a complement to (good) public enforcement, not a substitute. Third, a resource-constrained competition authority, upon the introduction of SPDs, should investigate a larger proportion of industries (even at the cost of a higher error rate). That is, whilst a ??hands-off?? approach might have been warranted absent SPDs, this is no longer true once stand-alone actions are introduced.     

Optimal Law Enforcement with a Rent-Seeking Government

This article analyzes public and private law enforcement whenthe government is motivated by rent seeking. A rent-seekinggovernment seeks primarily to maximize revenue. The articleconcludes as follows: (1) if offenders have sufficient wealth,a rent-seeking government is more aggressive than a social-welfare-maximizinggovernment in enforcing laws against minor crimes (such as parkingviolations) but more lax in enforcing laws against major crimes;(2) competitive private enforcement is usually better and neverworse than monopolistic private enforcement; (3) The choicebetween competitive private enforcement and public enforcementdepends on which is cheaper and on the severity of the offense.     

公共惩罚与私人惩罚的互动——一个解读法律制度的新视角

公共惩罚与私人惩罚既相互排斥又相互补充,公共惩罚与私人惩罚的互动可以作为一个解读法律制度的视角。国家为维持法律实施的垄断,通常会对私人惩罚手段(尤其是私人暴力)进行限制,但为节省公共惩罚资源的支出,法律又必须在某些场合容忍甚至利用私人之间的监控与惩罚,公共惩罚资源的有限性迫使国家把私人之间的监控和惩罚视为一项重要的社会控制资源。法律制度的设计应当充分发挥公共惩罚和私人惩罚的比较优势,合理划分公共控制区域和私人控制区域,并努力追求社会控制总成本(即公共控制成本和私人控制成本之和)的最小化。西方近代政治的古典自由主义、中国古代政治的消极无为主义以及公法与私法的区分都在一定程度上体现了这一原则。     

Private ordering,collective action,and the self-enforcing range of contracts

Contract enforcement is acknowledged as a major issue in Law and in Economics. Contrasting substitution and complementary perspectives with respect to the role of private vs. public enforcement institutions, this article analyses how contract law can support private institutions, and enhance economic efficiency. With multilateral agreements at stake, self-regulation and reputation mechanisms at the core of private ordering have limitations that collective organizations backed by the Law help to overcome. The analysis is substantiated by empirical data from the cattle industry. Our results suggest the need for a broader approach to contract regulation by legal scholars and antitrust-authorities.     

CREDIBLE RESEARCH PRACTICES TO INFORM DRUG LAW ENFORCEMENT

Chairing the recent National Research Council Committee on Data and Research for Policy on Illegal Drugs, I learned that our nation has invested little in research on drug law enforcement and that the limited available research does not provide a credible basis for formation of drug control policy. This commentary conjectures reasons for the distressing status quo and recommends changes in research practices that may improve matters.     

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.     

Perceived effects of concealed handgun ownership by private citizens among law enforcement officers in Texas

On January 1, 1996, a new law took effect in Texas granting certain state citizens the privilege to carry a concealed handgun on their person for the first time since 1871. As a result of this dramatic shift in state law, Texas is now among the growing number of states across the nation who have adopted similar statutory provisions in one form or another. While at least one empiricals study of citizen’s attitudes toward concealed handgun ownership was conducted prior to the law’s effective date, no similar efforts were undertakens to assess the beliefs, perceptions and attitudes of the state’s law enforcement officers about this important social policy. The present study was therefore undertaken in response to the lack of serious attention which the issue of concealed handgun ownership among private citizens has received as it directly relates to the law enforcement profession. Subjects for this study (N=327) were drawn from four Texas law enforcement agencies representing various organizational sizes and missions. While the responses of officers who participated in the study indicate optimism about the law’s potential to deter various types of crime, they also reflect a certain degree of concerns about concealed handgun ownership among private citizens especially as this policy directly relates to perceive inadequacies in statemandated requirements and issues affecting officer safety.     

The impact of sentencing options on recidivism among domestic violence offenders: A case study

Past domestic violence research has tended to focus on issues related to law enforcement responses. More recently, the focus has shifted to other components of the criminal justice system, such as prosecution and correctional responses, to determine the best way to reduce domestic violence. This project is a case study of 177 male convicted domestic violence offenders who were sentenced to one of five options: community corrections; jail; a suspended sentence; private counseling, a fine, or restitution; and advisement. The focus of this inquiry is on the likelihood of each sanction reducing future arrests and convictions for domestic violence. The results reveal that no one sanction is more effective than the other options. A draft of this paper was presented at the annual meeting of the Southern Criminal Justice Association, Chattanooga, TN, 1999. The authors would like to thank the editor and the anonymous reviewers for their insightful comments and suggestions on an earlier version of this paper. This work stems from a project started by Chesterfield County and Melissa Gross to complete her Master of Social Work degree requirements. The primary authors of this piece are Jill A. Gordon and Laura J. Moriarty. The ordering of names are alphabetical after Melissa Gross.