MEASURING PROFESSIONALISM IN LAW ENFORCEMENT

The five-dimension scale of professionalism developed hy Hall and revised by Snizek was used to assess the level of professionalism among the members of three small law enforcement agencies. Conceptually it is unclear whether “professionalism” is what the scale is measuring, and technically there are problems of wording and redundancy on some of the items and a suggestion of nonunidimensionality on the subscale measuring autonomy. Nevertheless, factor analysis showed that, with few exceptions, the basic empirical integrity of the scale is reaffirmed. Based on these preliminary findings a number of cautions are offered to guard against misapplication of the scale in future research.     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

公安机关刑事执法公开问题研究

通过15年的改革和发展,我国已经形成了刑事执法信息公开的原则、范围、内容、方式、时限、主体和监督救济渠道等相对完备的实施机制。但因为公安机关长期以来并没有信息公开的传统,要从神秘走向公开,还需要健全实施策略,改革公安机关信息公开法规的可操作性、公开责任的强制性、向公众公开的广泛性、公民知情权的可救济性。     

CONFLICT AND CONSENSUS IN THE LAW ENFORCEMENT PROCESS Urban Minorities and the Police

The social psychological dimensions of intergroup consensus and conflict are explored as a framework for interpreting police-minority group relations The limitations of the cultural systems model (cross cultural perspective) are discussed and an intercultural approach is proposed as an alternative. This model, which focuses on the interpenetration of perspectives in social relations, is applied to the analysis of intergroup relations in both interactional and organizational contexts The specks problems of social coordination presented by the enforcement process are examined as a basis for predicting police-minority conflict. The implications of the analysis for social policy are outlined in both organizational and interactional terms.     

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.     

FORENSIC ECONOMICS: AN INTRODUCTION WITH SPECIAL EMPHASIS ON PRICE FIXING

This paper aims at explaining accepted methods of forensic analysisand how forensic economics is used in the context of competition-lawenforcement. Illustrations are drawn from ancient and modernantitrust cases involving price-fixing allegations. The statedgoal of antitrust laws of most nations is deterrence. Optimaldeterrence requires that cartel penalties be based on multiplesof economic injuries. Yet, antitrust authorities are typicallyreluctant to calculate fines on the basis of damages becauseof perceived analytical challenges or because the fact-finderslack needed economic education. However, reasonable estimatesof damages can often be quickly prepared using simpler methodsthan econometric modeling. More often than not, alternativeestimates of cartel overcharges tend to be mutually supportive.The reluctance of antitrust authorities to base fines on damagesseems to indicate an abundance of caution.     

LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?

This essay assesses whether a strong evidence‐based argument can be made to support the proposition that when police violate the rule‐of‐law they do more harm than good with respect to their collective, as well as personal, interests. The assessment is undertaken to counter the common presumption among police officers that circumstances often justify cutting legal corners in the interests of public safety. The essay first examines what research shows about the facilitators of police law breaking. It then examines seven reasons why violating the rule‐of‐law works against the instrumental interests of the police themselves. After assessing the strength of the evidence against the instrumental benefit of violating the rule‐of‐law, suggestions are made about research that is needed to make the case more compelling. In conclusion, the essay discusses how empirical knowledge might be most productively used to change the culture of contemporary policing.     

古代法律与法医学

法医学是因法律的需要而发生发展起来的。古代法律与法医不的关系是研究法医学史的重要课题。关于我国古代法律与法医学的关系已经在拙著《中国古代法医学史》一书中做了比较详细的研究。关于外国古代法律与法医学的关系是研究世界法医学史不可缺少的组成部分。这方面的研究国内尚未见报告，本文根据有关文献资料作一综合介绍。乌尔纳姆法典早在2113～2006BC，苏美尔人（sume－rian）在两河流域南部古城乌尔（今伊拉克境内）第一次建立起统一的国家乌尔（Ur）。乌尔第三王朝的创建者乌尔纳姆的重要历史功绩之一就是编定了一部法典：乌尔纳…     

VALUE DILEMMAS IN LAW ENFORCEMENT: A Study of Administrative Decision Making in a Police Department

As agents of the state, the police work in dynamic, normatively ambiguous, and conflict-laden political environments. In these settings, various local partisan interests try to influence the police organization. As a result, technological, socio-cultural, and political forces may produce anomalous administrative decisions in police agencies. These forces are "stabilized" by the personal views of the decision makers. This article focuses on a specific case of administrative decision making that illuminates the uneven competition among different partisan actors who seek to influence police policies and practices.     

THE LAW AND ECONOMICS OF REGULATING RATINGS FIRMS

Consumers and producers frequently rely on product ratings,such as college rankings, restaurant reviews, and bond ratings.While much has been written about the structure of ratings inparticular industries, little has been written on the generalstructure of different ratings industries and whether governmentintervention is typically needed. This paper begins that inquiryby examining the market structure of different ratings industries,and considering the circumstances under which firms that provideratings should be regulated. We find that most ratings firmsoperate in highly concentrated markets. We also find that mostratings firms determine their own testing standards and methods,although some industries have self-governing oversight bodiesthat offer their own accreditation standards. Despite the findingthat many ratings industries are concentrated, our analysissuggests that market forces generally appear to be an effectivemechanism for providing consumers and producers with usefulratings.     

MEASURING THE RATE OF RETURN FOR COMPETITION LAW

This paper focuses on the application and interpretation ofmeasures of rate of return for competition law. Amongst otherresults, we analyse how outsourcing and similar arrangementsimpact the rate of profitability and show that the measurementis more volatile the greater the rate of profit (suggestingthat the measures are most problematic when they are most needed).We identify and interpret the outsourcing arrangements thatprovide the lowest rate of profit and show that these arrangementshave a close relationship to net present value. Finally, weprovide suggestions to make profitability measures more informativefor competition law.