The Definition and Measurement of ‘Gang Status’: Policy Implications for Juvenile Justice

In this article, we examine gang membership and gang activity in Dona Ana County, New Mexico. We collected the data through a self-administered questionnaire completed by 373 randomly selected 9th and 11th grade students attending two high schools and two junior high schools. By the self-report method, 56 indicated they were currently active in a gang; another 45 had been members of gangs but were no longer involved; and, “wannabes,” or students who at some time had considered joining a gang but did not or could not, totaled 68. The 169 students who indicated some interest in or involvement with gangs represented 45% of the total sample. A more restrictive definition of actual gang membership (i.e., the group must have initiation rites and employ some external symbols of membership, such as “colors,” tattoos, or handsigns) results in a different trichotomization. We employ both the self-definition and restrictive definition of gang membership in our analysis of their personal biographical characteristics and criminal behavior. Our findings suggest that self-definition demonstrates clearer ties to self-reported gang-related activities than does the more restrictive one. We discuss the policy implications of this finding in the article.     

A comparison of Chinese and the U.S. police cadets’ occupational attitudes

While police attitudes and behaviors have been the subject of a large number of studies conducted since the 1960s, very few studies had assessed Chinese police officers’ work-related attitudes and compared them with those of the U.S. police cadets. Using survey data collected from 263 Chinese and American police cadets, the research empirically tested whether Chinese and American police cadet attitudes differed across four attitudinal dimensions: aggressive patrol, order maintenance, legal restrictions, and distrust of citizens. Bivariate and multivariate results showed that Chinese cadets displayed occupational outlooks that distinguished them from their American counterparts. Chinese cadets supported aggressive patrol and were more distrustful of citizens than their American counterparts. American cadets were more favorable of order maintenance activities and more accepting of legal restrictions compared with Chinese cadets. Implications for future research and policy are discussed.     

Cost-benefit analysis of reducing crime through electronic monitoring of parolees and probationers

Objective

The objective of this study was to estimate the benefits and costs of using electronic monitoring (EM) and home detention to reduce crime committed by parolees and probationers.

Method

Data from a national survey of state prison inmates was adjusted and used to estimate the number of crimes that would have been committed by all parolees and probationers over the course of one year in the absence of EM and home detention. The data were analyzed in combination with existing analyses of the effectiveness and costs of EM and home detention and the economic costs of crime to estimate the benefit-cost ratio of nationwide implementation of EM and home detention with all parolees and probationers.

Results

EM plus home detention could avert an estimated 781,383 crimes every year. The social value of the annual reduction in crime is $481.1 billion. Society would gain $12.70 for every dollar expended on the proposed intervention.

Conclusion

EM plus home detention could be an effective deterrent to crime and could have enormous social benefits, especially if it is applied early and saves what would otherwise be habitual offenders from a life of crime.     

Cyber pornography in India and its implication on cyber café operators

Cyber pornography plays an accessory role in negative social issues such as child abuse, violence against women, rape, inequality, relationship and family breakdown, youth crime, promiscuity and sexually transmitted diseases. Cyberspace and the pornographic matter transmitted through it have created challenges for India’s antiquated laws. The lack of jurisdictional boundaries and the sheer volume of traffic that the Internet can handle, as well as the potential for anonymity have resulted in a complete lack of control over what appears on the Web at the click of a mouse button. Before there was no liability of a cyber café owner but with the introduction of the Information Technology Amendment Act, 2008, the responsibilities of Cyber Café owners have only increased. This paper deals with the Cyber pornography, its legal implications and the liability of cyber café owner under the Information Technology Amendment Act, 2008.     

Can hyperlinks and digital rights management secure affordable access to information?

Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,¹ can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,² Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,³ and the EU Copyright Directive (EUCD) 2001.⁴ It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).⁵ Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free.     

Will the European Commission be able to standardise legal technology design without a legal method?

Privacy by Design (PbD) is a kind of precautionary legal technology design. It takes opportunities for fundamental rights without creating risks for them. Now the EU Commission “promised” to implement PbD with Art. 23(4) of its proposal of a General Data Protection Regulation. It suggests setting up a committee that can define technical standards for PbD. However the Commission did not keep its promise. Should it be left to the IT security experts who sit in the committee but do not have the legal expertise, to decide on our privacy or, by using overly detailed specifications, to prevent businesses from marketing innovative products? This paper asserts that the Commission's implementation of PbD is not acceptable as it stands and makes positive contributions for the work of a future PbD committee so that the Commission can keep its promise to introduce precautionary legal technology design.     

Russia: “European But Not Western?”

The question whether Russia is part of the Western world has plagued Russian intellectuals and Western observers alike for the past two centuries. The question matters because where Russia “belongs” is part of a larger debate about how one differentiates between “the West” and “the Rest” given changes in the Western family of nations, and because of larger questions of geopolitical alignment. The Slavophile vs. Westernizer paradigm, which suggests that throughout Russia there are two opposing camps engaged in a struggle to determine the course of the country is too simple to reflect the true complexity of post-Soviet Russia. Moreover, an equilibrium may have been reached where not answering the question of Russia's relationship to the West is desirable for all parties concerned.     

Putin's Silovarchs

Since the late 1990s, most of Boris Yeltsin's oligarchs have left the political stage. In their place, a new business elite has sprung up, most from the network of security service and law enforcement veterans known as the siloviki (roughly, “power agents”) who form the backbone of President Putin's administration. Indeed, the security forces’ takeover of corporate boardrooms is coming to define Putin's regime. Silovarchs can deploy intelligence networks, state prosecutors, and armed force to intimidate or expropriate business rivals. Their temptation to use secret service tools and techniques predisposes the regime toward authoritarian politics. Western policy towards Russia will have to recognize these realities. The most promising path toward authentic democracy in Russia involves the cooptation of leading siloviki into the international business world.     

Applied Grand Strategy: Making Tough Choices in an Era of Limits and Constraint

This article hopes to contribute to the strategic content of U.S. foreign policy by offering a definition of grand strategy and case for reorienting U.S. policy around it. Rather than advocate a specific grand strategy—a matter still open for debate—the analysis concludes with a set of attributes to assess whether a proposed grand strategy constitutes a “good” grand strategy. It concludes by introducing the concept of an applied grand strategy approach, which may help to identify and assess the strategic implications of foreign policy choices.