The Georgia State Litigation: Literal Copying in Education

This case note examines the long‐standing litigation against Georgia State University in relation to the posting, by faculty and library staff, of unauthorised copies of book extracts on the University's electronic reserves and virtual learning environment. The central question in this litigation has been whether these acts of copying fall within the fair use doctrine in US copyright law. In answering this, a key question for the US courts – and one relevant to other jurisdictions with free exceptions for education, such as the UK – has been whether existing and potential licensing activity is relevant to the question of whether an exception applies. This case note discusses how market effect has been analysed in Georgia State, including the recent rejection by the Court of Appeals for the Eleventh Circuit of a strongly empirical approach to market harm.     

Revisiting the Relationship Between the Economy and Crime: The Role of the Shadow Economy

Despite decades of research exploring the relationship between the economy and crime, there is a lack of clarity in this literature. Questions remain, particularly with respect to how the economy is measured and whether the relationship between the economy and crime is the same across contexts. The literature to date has overlooked what is called the “shadow” economy, which represents unreported economic activity. We examine the relationship between traditional measures of the legitimate economy (e.g. unemployment) and crime as well as whether the shadow economy moderates this relationship using a panel of U.S. states from 1997 to 2008. Our results show that the shadow economy reduces the strength of the relationship between the legitimate economy and crime, and the effect of the economy on crime is conditional on the size of the shadow economy.     

Representing Immigrants: The Role of Lawyers in Immigration Bond Hearings

Do immigration lawyers matter, and if so, how? Drawing on a rich source of audio recording data, this study addresses these questions in the context of U.S. immigration bond hearings—a critical stage in the removal process for noncitizens who have been apprehended by U.S. immigration officials. First, my regression analysis using a matched sample of legally represented and unrepresented detainees shows that represented detainees have significantly higher odds of being granted bond. Second, I explore whether legal representation affects judicial efficiency and find no evidence of such a relationship. Third, I examine procedural and substantive differences between represented and unrepresented hearings. My analysis shows no differences in the judges' procedural behaviors, but significant differences in the detainees' level and type of courtroom advocacy. Represented detainees are more likely to submit documents, to present affirmative arguments for release, and to offer legally relevant arguments. Surprisingly, however, I find no evidence that these activities explain the positive effect of legal representation on hearing outcomes. These findings underscore the need to investigate not only what lawyers do in the courtroom, but also less quantifiable factors such as the quality of their advocacy, the nature of their relationship to other courtroom actors, and the potential signaling function of their presence in the courtroom.     

Expanding the Feminist Pathways Perspective beyond the United States: A Profile of Federal Women Prisoners in Argentina

A large body of knowledge within the criminological discipline has demonstrated that women and girls have distinct social and psychological risk factors that contribute to both their initial onset, and continued engagement, in offending behavior. However, most of this research has focused on U.S. samples of women offenders. Using mixed methods, the current research investigated the offense dynamics and possible risk factors for women’s imprisonment with incarcerated women (246 survey respondents; 12 interviewees) in the Argentine federal penitentiary system. We find that there are some similarities in the characteristics of women prisoners in Argentina and the characteristics of women prisoners in the United States, but also some distinctions, primarily in the prevalence of prior victimization. In addition, our results indicate that federal women prisoners in Argentina who reported serious prior abuse were more likely to have committed crimes against persons in comparison to women without abuse histories. Such a distinction supports the ongoing research investigating women offender profiles beyond U.S. samples.     

Police use of force: an examination of the minority threat perspective

The minority threat perspective suggests that the criminal justice system may be one mechanism through which the majority group (i.e. Whites) maintains control of culturally dissimilar minority groups. Although numerous studies have examined the relationship between minority representation and various policing outcomes, few have extended this research to police use of force in the context of stop-and-frisk practices. Using stop, question, and frisk data from the New York Police Department, this study examines (1) whether racial and ethnic composition influences police use of force, and (2) whether an individual’s race/ethnicity interacts with the racial/ethnic composition of a police precinct to produce disparities in police use of force. The results provide partial support for the minority threat perspective.     

Can You Build a Better Cop?

Research Summary

By drawing from psychology and economics, we present an experimental evaluation of a procedural justice training program designed to “slow down” police officers’ thought processes during citizen encounters. We find that officers who were randomly assigned to participate in training were as engaged in the community as similarly situated officers, but they were less likely to resolve incidents with an arrest or to be involved in incidents where force was used. These changes were most evident among officers who worked in areas with a modest level of risk.

Policy Implications

Police officers who are actively engaged with the public can reduce crime through general deterrence and by arresting criminals. Nevertheless, excessive discretionary arrests and the use of force by officers can reduce public trust in the police. To date, there is scant evidence as to how police departments can successfully train officers to balance enforcement and public trust in the field. Through our study, we demonstrate that a relatively minor supervisory intervention may cause substantive changes in how police and citizens interact with each other.     

The Effectiveness of a Mental Health Court in Reducing Recidivism in Individuals with Severe Mental Illness and Comorbid Substance Use Disorder

The current study examined the efficacy of a specialized mental health court in reducing recidivism for severely mentally ill defendants with comorbid substance use disorders. There is a wealth of research supporting the efficacy of mental health courts in reducing recidivism for those with severe mental illness; however, the benefit of these courts for individuals with severe mental illness and comorbid substance use disorders has received limited empirical attention. Participants were 514 defendants enrolled in either a traditional adversarial court or a specialized mental health court. Recidivism was assessed across different outcome variables, including frequency of reoffending, severity of new offenses, and length of time to reoffend. When compared to participants in the traditional adversarial court, enrollment in mental health court was associated with a greater length of time to rearrest and fewer participants were rearrested in the mental health court than the traditional court. Group differences between those with and without comorbid substance use disorders who were enrolled in the mental health court were not found across recidivism outcome metrics. Results of the current study are particularly promising given that defendants with substance use disorders are at a greater risk for reoffending.     

Post-Traumatic Stress and Alcohol-Related Problems Following a College Shooting: Effect of Help-Seeking

Our aim was to test the hypothesized relationships between trauma exposure and alcohol-related problems, mediated by PTS symptoms, moderated by prior trauma exposure and help-seeking. Participants were 244 members of a private university who were enrolled or employed at the school on the date of a campus shooting. Online measures were distributed via e-mail in October 2014, and included the AUDIT, BTQ, PCL-5, and self-report measures of trauma exposure and counseling services utilized. The overall moderated mediation model examining the indirect effect of exposure to trauma on alcohol-related problems through PTSD symptoms, moderated by prior trauma and help seeking was significant, β(SE) = .310(.3554), p = .0001. This study highlights the importance of crisis interventions following trauma exposure.     

Can text messages reduce incarceration in rural and vulnerable populations?

Reducing failures to appear (FTA) in court is a top priority for criminal justice practitioners and advocates. However, existing work on reducing FTAs through text message reminders focuses on large urban jurisdictions and defendants who are housed. Using a field study in Shasta County, California, we evaluate whether text message outreach can increase court appearances for housed and unhoused populations. We find housed defendants randomly assigned to the treatment group were 10% less likely to miss their next scheduled court date than defendants in the control group. We find no statistical difference in the FTA rate of unhoused individuals assigned to treatment or control groups, and cannot rule out large positive or negative effects. We find that improving the quality of contact information in court records could lead to large reductions in FTAs. Partnering with local social service providers may not, but more research is needed.     

Assessing nation-state-sponsored cyberattacks using aspects of Situational Crime Prevention

Research Summary

This study utilized a quantitative analysis of 246 cyberattack incidents reported in the Extremist CyberCrime Database to identify significant predictors of nation-state-sponsored cyberattacks relative to those performed by non-nation-state-sponsored ideological actors. Clarke and Newman's Situational Crime Prevention framework for terrorism was used to identify differential opportunities to successfully affect targets on the basis of tools, weapons, and the ability to access targets in online settings. The analysis noted nation-state-sponsored attacks were less likely to use high-visibility attack methods and more likely to utilize attack methods leading to data breaches. In addition, they were more likely to target state governments and military entities relative to ideological actors.

Policy Implications

Nation-state attacks are more difficult to identify or mitigate while in process, requiring a more robust national cybersecurity policy framework to be implemented that moves beyond current practices. There is a need to better utilize all aspects of government, from legislation to grant funding, in order to deter cyberattacks from continuing into the future.