Electronic Monitoring of Offenders

This article discusses what the electronic monitoring of offenders involves and the use that is now being made of electronic monitoring within the criminal justice system in England and Wales.     

The effect of police-probation partnerships on juvenile arrests

San Bernardino’s Operation Nightlight Program paired police officers with probation officers to conduct enhanced supervision of juvenile probationers. The authors conducted an interrupted time series analysis of juvenile arrests in San Bernardino and surrounding cities before and after the implementation of Nightlight. They also explored displacement and diffusion effects using Bowers and Johnson’s (2003) weighted displacement quotient. Results showed (1) city-wide reductions in assault, burglary, and theft arrests; and (2) that burglary reductions in San Bernardino may have been offset by increases in contiguous cities.     

The relationships between time in jail,time on electronic monitoring,and recidivism: An event history analysis of a jail-based program

Considerable theoretical and empirical attention has been given to the relationship between time incarcerated and recidivism. Much less attention has been devoted to alternative sanctions such as house arrest with electronic monitoring and recidivism following participation in such programs. In this paper we use event history techniques to assess the relationships between time spent in jail, time spent on electronic monitoring, and recidivism in a sample of offenders who spent at least some time on electronic monitoring. The results suggest that the longer the time on electronic monitoring, the lower the likelihood of recidivism. This effect, however, varies by type of offender. Despite some evidence of a curvilinear relationship between time in jail and recidivism, the relationship is not robust to the inclusion of other control variables. Theoretical and practical implications of these findings are discussed.     

“Purpose versus practice in the use of electronically monitored home confinement”

This paper explores differences between the stated purpose and actual practice of electronically monitored home confinement as a prison-diversion strategy. Methods and data are triangulated to examine the difference between the stated purposes of electronic monitoring and its actual usage in two contexts: 1) the decision to imprison/probate; and 2) the actual use of electronically monitored home confinement. Sentencing information, along with data on employment, family, substance abuse, prior convictions, and type of offense, were collected on 391 felony offenders sentenced to probation in 1987–89 from three counties located in two large Metropolitan Statistical Areas in Texas. Information gathered from interviews with probation officials is also employed. This paper presents an analysis of this data and discusses its implications for future use and evaluation of electronically monitored home confinement.     

Computer use monitoring and privacy at work

The rapid growth of new developments in communication technology has brought electronic monitoring to the forefront of today’s workplace concerns. This is an area that in recent years has drawn considerable attention amongst the media, academia and legal scholars demanding that employers do not intrude into employees’ online privacy via electronic monitoring in the workplace. However, electronic monitoring at work is not one-sided and it is arguable that employers have legitimate reasons to justify their action. This paper aims to examine employers’ justification for conducting electronic monitoring by highlighting the potential risk of financial and legal liabilities that employers may incur as a result of employees’ misuse of online services at work.     

Attitudes Toward Electronic Monitoring: An Exploratory Analysis Among Criminal Justice Students in Bosnia and Herzegovina

The purpose of this research study is to examine attitudes associated with the use of electronic monitoring as a criminal justice sanction in Bosnia and Herzegovina. Utilizing self-reported survey data from 57 graduate students enrolled in a criminal justice policy based course at the University of Sarajevo, students’ attitudes toward electronic monitoring are assessed. Specifically, students’ personal views about whether electronic monitoring meets the sentencing goals of deterrence, incapacitation, retribution, rehabilitation and reintegration are evaluated. Perceptions of the cost-effectiveness of electronic monitoring and the appropriateness of electronic monitoring as a sentence for specific offender types are also examined. Finally, the influence of student socio-demographic characteristics on opinions are also assessed. As a whole, students surveyed appear to support the use of electronic monitoring for juvenile offenders and offenders awaiting trial. Additionally, respondents do not view the conditions associated with electronic monitoring as all that negative or obtrusive. Implications from these findings, as well as limitations and suggestions for further research are discussed.     

ELECTRONIC PROXY SOLICITATION AND RELEVANT REGIME CONSTRUCTION OF SHAREHOLDER DEMOCRACY IN CHINA

Shareholder democracy reflects the very nature of company.There are many legal mechanisms for shareholders to exercise their rights,one of which is electronic proxy solicitation.Internet technology has provided a great facility for corporate governance and shareholder democracy.This paper advocates that electronic proxy solicitation will improve shareholder democracy effectively,and China should establish a relevant legal regime.It discusses the feasibility of establishment and the mode of legislation on electronic proxy solicitation regime,and proposes a preliminary definition of the rules of electronic proxy solicitation regime in China.     

KIDS' TURN

Reported in this article is an innovative group program for children whose families are going through divorce. The Program is sponsored by the San Francisco court system. This program provides an orientation for children to help them cope with divorce. The program also involves the parents. The goals of the program are to demystify the separation process, provide a safe place for children and parents to discuss their feelings, provide a culturally sensitive context, provide information regarding other resources, and teach communication and problem-solving skills.     

Understanding Offenders' Compliance: A Case Study of Electronically Monitored Curfew Orders

The focus of this paper is on offenders' compliance, which is an important but largely neglected area of criminal justice. The paper draws on an empirical study of offenders' compliance with electronically monitored curfew orders with the aim of elucidating theories of compliance. Electronic monitoring is used as a case study to illustrate some of the factors which influence offenders' compliance. One of the main strengths of electronic monitoring is the certainty and speed at which non-compliance can be detected and, as expected, instrumental compliance was found to be important. Nonetheless, the paper suggests that the reasons why offenders comply or fail to comply are complex and interrelated and encompass many different factors including procedural justice, individual motivation, and attachments to significant others. The implications of these findings for compliance theories and community sentence policy are explored.     

电子数据司法鉴定能力验证的设计与分析——以2021年电子数据功能性鉴定为例

电子数据鉴定作为司法程序中的重要环节,对于确保鉴定流程的规范性和鉴定意见的正确性,以及维护司法公正具有重要意义。针对电子数据司法鉴定实验室,能力验证是一种有效的质量控制与改进手段。电子数据功能性鉴定作为电子数据鉴定的重要组成部分,有必要利用能力验证进行质量控制。通过梳理2021年电子数据功能性鉴定能力验证(2021SF-CNAS 034)结果,阐述电子数据功能性鉴定过程中应注意的相关事项,分析国内该领域行业及地域的发展现状、参加机构的鉴定结果准确性以及鉴定方法和鉴定工具的使用情况,进一步探讨目前该领域能力验证存在的问题,总结出可采取的相应措施,并对该领域的未来发展方向进行了展望。     

Medicare program; payment policies under the physician fee schedule, five-year review of work relative value units, clinical laboratory fee schedule: signature on requisition, and other revisions to part B for CY 2012. Final rule with comment period

This final rule with comment period addresses changes to the physician fee schedule and other Medicare Part B payment policies to ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. It also addresses, implements or discusses certain statutory provisions including provisions of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and the Medicare Improvements for Patients and Providers Act (MIPPA) of 2008. In addition, this final rule with comment period discusses payments for Part B drugs; Clinical Laboratory Fee Schedule: Signature on Requisition; Physician Quality Reporting System; the Electronic Prescribing (eRx) Incentive Program; the Physician Resource-Use Feedback Program and the value modifier; productivity adjustment for ambulatory surgical center payment system and the ambulance, clinical laboratory, and durable medical equipment prosthetics orthotics and supplies (DMEPOS) fee schedules; and other Part B related issues.     

Serving those Who Served: Outcomes from the San Diego Veterans Treatment Review Calendar (SDVTRC) Pilot Program

Veterans Treatment Courts (VTCs) are a type of specialty treatment, problem-solving, criminal court. Though the number of VTCs has increased over the past decade, few research studies have examined their effectiveness. This paper examines the data collected concerning a particular VTC experience, the first 82 Veterans enrolled in the Veterans Treatment Review Calendar Pilot Program conducted by the California Superior Court of the county of San Diego from February 2011 until July 2014 (SDVTRC.) The evidence presented herein concerns the nature of this cohort’s population, the SDVTRC program structure in which these Veterans participated, and the outcomes of participation. SDVTRC participants showed a significant decrease in symptoms on 11 of 12 clinical measures from baseline to 12 months. Particular outcomes of the SDVTRC program were related to factors of military service, such as length of service, number of awards, and discharge status. There were also significant relationships between symptom decrease and court process factors, such as length of time in program and sanctions imparted. This court has a 0% recidivism rate, which is believed to be related to its systematic data collection process that was used to inform individualized treatment plans for participants. Implications for other VTCs are provided.     

Screening for risk of inpatient violence

A screening checklist for assessing the risk of violence at the time of psychiatric hospitalization was developed. Checklist items and a cutoff point for low versus high risk of violence were selected based on a previous study of statistical prediction of violence. Application of the checklist to a new sample of 338 patients admitted to a university-based inpatient unit revealed promising results in identifying patients who later displayed aggressive behavior in the hospital, as indicated by its positive predictive value (59.0%), negative predictive value (70.6%), sensitivity (57.2%), specificity (70.0%), total predictive value (65.4%), and likelihood ratio (1.97). The results suggest the potential value of incorporating actuarial methods in the evaluation of violence risk.Funded in part by Biomedical Research Support Grant Program grant No. SO7-RR05775 from the Division of Research Resources, National Institutes of Health. Portions of this paper were presented at the Biennial Conference of the American Psychology-Law Society/Division 41 of the American Psychological Association, San Diego, CA, March 12–14, 1992. Correspondence concerning this article should be addressed to Dale E. McNiel.     

World Trade Center Health Program requirements for the addition of new WTC-related health conditions. Final rule

Title I of the James Zadroga 9/11 Health and Compensation Act of 2010 amended the Public Health Service Act (PHS Act) to establish the World Trade Center (WTC) Health Program. Sections 3311, 3312, and 3321 of Title XXXIII of the PHS Act require that the WTC Program Administrator develop regulations to implement portions of the WTC Health Program established within the Department of Health and Human Services (HHS). The WTC Health Program, which is administered by the Director of the National Institute for Occupational Safety and Health (NIOSH), within the Centers for Disease Control and Prevention (CDC), provides medical monitoring and treatment to eligible firefighters and related personnel, law enforcement officers, and rescue, recovery and cleanup workers who responded to the September 11, 2001, terrorist attacks in New York City, Shanksville, PA, and at the Pentagon, and to eligible survivors of the New York City attacks. This final rule establishes the processes by which the WTC Program Administrator may add a new condition to the list of WTC-related health conditions through rulemaking, including a process for considering petitions by interested parties to add a new condition.     

A Court Quietly Rewrote the Federal Pesticide Statute: How Prevalent is Judicial Statutory Revision?

Author's Note: My thanks to Lloyd Musolf, Paul Sabatier, Martin Shapiro, John M. Thomas and three anonymous reviewers for helpful comments on an earlier draft. I also acknowledge the generous support of the Energy and Environmental Policy Research Program at the Institute of Ecology, University of California at Davis.
The resurgence in policymaking by American courts has revitalized the longstanding debate over judicial activism. Yet much of that debate addresses judicial interpretations of the Constitution, as distinct from statutory law. When interpreting vague statutes, judges can make inconspicuous but fundamental policy reforms. This paper discusses the political circumstances encouraging this form of judicial intervention. The enormous subtlety in judicial capabilities is illustrated. The paper concludes that by focusing primarily on obvious features of court activism, the contemporary debate may be seriously under representing the extent of judicial contributions to our fragmented form of governance.     

电子认证及其主体的若干法律问题

本文介绍了电子认证、电子签名的概念和法律特征 ,研究了电子认证的认证机构及其法律形式、设立条件、法律义务以及法律责任等问题。本文介绍了国际和国内电子认证的有关立法 ,分析了国内外相关法律法规和其他法律文件 ,并在此基础上进行了比较研究 ,试图得出相对合理的结论 ,对我国的电子认证立法提出一些建设性的意见。     

Educational Outcomes After Serving with Electronic Monitoring: Results from a Natural Experiment

Objectives

The paper explores the effects of electronic monitoring (EM) on young offenders’ educational outcomes and contributes to the evaluation of EM as a non-custodial sanction with a new outcome measure.

Methods

The study is based on a natural experiment exploiting a reform in Denmark in 2006 introducing electronic monitoring to all offenders under the age of 25 with a maximum prison sentence of 3 months. Information on program participation is used to estimate instrument variable models in order to assess the causal effects of EM on young offenders’ educational outcomes. The empirical analyses are based on a comprehensive longitudinal dataset (n = 1013) constructed from multiple official administrative registers and including a high number of covariates.

Results

The EM-program increases the completion rates of upper secondary education by 18 % points among program participants 3 years post-release. The EM-program includes house arrest under electronic surveillance, labor market or education participation, unannounced drug and alcohol tests and a crime preventive program. It is not possible to separate the treatment effects of the different program elements in the empirical analyses.

     

The ‘pains’ of electronic monitoring: a slap on the wrist or just as bad as prison?

The purpose of this research is to examine whether inmates that have served electronic monitoring (EM) find it more punitive than offenders that have not served electronic monitoring. We asked a sample of 1194 inmates currently incarcerated in a Midwestern state to estimate exchange rates of electronic monitoring over prison by rating how many months of EM they would serve to avoid 12 months in prison. The results indicate that inmates view EM as less punitive than prison and that monitored offenders find EM more punitive than unmonitored offenders. Additionally, black inmates were more likely to have served EM than white inmates and older inmates find EM more punitive than younger inmates. Previously monitored offenders report that they will be less likely to rely on family and friends upon release from prison. These results suggest that EM is perceived as a punitive sanction by those that have experienced it. Furthermore, racial differences uncovered here may help explain why minorities view alternative sanctions as particularly punitive and may also partially explain why the experience of EM may negatively impact family relationship among those that have served EM.     

World Trade Center Health Program; addition of certain types of cancer to the list of WTC-related health conditions. Final rule

Title I of the James Zadroga 9/11 Health and Compensation Act of 2010 amended the Public Health Service Act (PHS Act) to establish the World Trade Center (WTC) Health Program. The WTC Health Program, which is administered by the Director of the National Institute for Occupational Safety and Health (NIOSH), within the Centers for Disease Control and Prevention (CDC), provides medical monitoring and treatment to eligible firefighters and related personnel, law enforcement officers, and rescue, recovery, and cleanup workers who responded to the September 11, 2001, terrorist attacks in New York City, at the Pentagon, and in Shanksville, Pennsylvania, and to eligible survivors of the New York City attacks. In accordance with WTC Health Program regulations, which establish procedures for adding a new condition to the list of covered health conditions, this final rule adds to the List of WTC-Related Health Conditions the types of cancer proposed for inclusion by the notice of proposed rulemaking.     

TRIAL ON THE ELECTRONIC EVIDENCE: CHINA’S RULES ON ELECTRONIC EVIDENCE

How to use electronic evidence to decide cases has become a major conundrum in Chinese judicial practice. Starting with an analysis of a typical case, this article discusses two basic ideas of electronic evidence in deciding cases, points out the distinctions between scientific proof and judicial proof, and concludes that it should follow the road of judicial proof by suitably referring to the principle of scientific proof. On the basis of such discussion, it further expounds on the models and the mechanisms of electronic evidence. In addition, considering Chinese traditional theory of evidential law and learning from the proving method in historiography, it puts forward the theory of evidential system for electronic evidence in the virtual space. Finally, it focuses on how to deal with the digital alibi in practice and arrives at a solution by managing those theories comprehensively.