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Social Host Liability for Underage Drinking Statutes

April 16, 2014 Comments off

Social Host Liability for Underage Drinking Statutes
Source: National Conference of State Legislatures

Enacted in 1984, the National Minimum Drinking Age Act set the minimum drinking age at 21. To comply with federal law, states prohibit persons under 21 years of age from purchasing or publicly possessing alcoholic beverages.

According to the 2012 National Survey on Drug Use and Health, about 9.3 million persons aged 12 to 20 (24.3 percent of this age group) reported drinking alcohol in the past month and an estimated 11.2 percent of persons aged 12 or older drove under the influence of alcohol at least once in the past year.

In an effort to combat underage drinking, state legislators have enacted laws that assign responsibility to adults who allow minors to drink alcohol at social gatherings. Thirty-one states allow social hosts to be civilly liable for injuries or damages caused by underage drinkers. Twenty-six states and the Virgin Islands have criminal penalties for adults who host or permit parties with underage drinking to occur in the adults’ homes or in premises under the adults’ control. These social host statutory provisions do not apply to licensed establishments such as restaurants, bars, and liquor stores, which are covered by dram shop laws.

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New Directions in Child Abuse and Neglect Research (2014)

April 16, 2014 Comments off

New Directions in Child Abuse and Neglect Research (2014)
Source: National Research Council

Each year, child protective services receive reports of child abuse and neglect involving six million children, and many more go unreported. The long-term human and fiscal consequences of child abuse and neglect are not relegated to the victims themselves — they also impact their families, future relationships, and society. In 1993, the National Research Council (NRC) issued the report, Understanding Child Abuse and Neglect, which provided an overview of the research on child abuse and neglect. New Directions in Child Abuse and Neglect Research updates the 1993 report and provides new recommendations to respond to this public health challenge. According to this report, while there has been great progress in child abuse and neglect research, a coordinated, national research infrastructure with high-level federal support needs to be established and implemented immediately.

New Directions in Child Abuse and Neglect Research recommends an actionable framework to guide and support future child abuse and neglect research. This report calls for a comprehensive, multidisciplinary approach to child abuse and neglect research that examines factors related to both children and adults across physical, mental, and behavioral health domains–including those in child welfare, economic support, criminal justice, education, and health care systems–and assesses the needs of a variety of subpopulations. It should also clarify the causal pathways related to child abuse and neglect and, more importantly, assess efforts to interrupt these pathways. New Directions in Child Abuse and Neglect Research identifies four areas to look to in developing a coordinated research enterprise: a national strategic plan, a national surveillance system, a new generation of researchers, and changes in the federal and state programmatic and policy response.

Internists release policy paper on medical liability crisis

April 16, 2014 Comments off

Internists release policy paper on medical liability crisis
Source: American College of Physicians

The American College of Physicians (ACP) today released a policy paper on the medical liability crisis, which continues to have a profound effect on the medical system. “Medical Liability Reform — Innovative Solutions for a New Health Care System” (PDF) provides an update of the medical liability landscape, state-based activity on medical liability reform, and summarizes traditional and newer reform proposals and their ability to affect system efficiency and encourage patient safety.

Ratifying and Implementing Trade and Investment Treaties in Canada

April 15, 2014 Comments off

Ratifying and Implementing Trade and Investment Treaties in Canada
Source: Parliamentary Library of Canada

Under Canada’s constitutional system, the conduct of foreign affairs is a royal prerogative power of the federal Crown.

Consequently, the Executive Branch has the exclusive power to negotiate and conclude international treaties. Parliament has the exclusive power to enact legislation to implement those treaties.

As Canada continues to enter into such treaties, a number of important questions arise:

  • What is the interaction between Canadian and international law in the treaty-making and implementation processes, particularly in relation to trade and investment?
  • What measures must the Executive and Legislative branches take so that these treaties can come into force?
  • What formal role do the provinces and territories play in the negotiation, ratification and implementation of trade and investment treaties?

Taking the Long Way Home: U.S. Tax Evasion and Offshore Investments in U.S. Equity and Debt Markets

April 15, 2014 Comments off

Taking the Long Way Home: U.S. Tax Evasion and Offshore Investments in U.S. Equity and Debt Markets
Source: Journal of Finance, forthcoming (via SSRN)

We empirically investigate one form of illegal investor-level tax evasion and its effect on foreign portfolio investment. In particular, we examine a form of round-tripping tax evasion in which U.S. individuals hide funds in entities located in offshore tax havens and then invest those funds in U.S. securities markets. Employing Becker’s (1968) economic theory of crime, we identify the tax evasion component in foreign portfolio investment data by examining how foreign portfolio investment varies with changes in the incentives to evade and the risks of detection. To our knowledge, this is the first empirical evidence of investor-level tax evasion affecting cross-border investment in equity and debt markets.

Commander’s Legal Handbook 2013

April 15, 2014 Comments off

Commander’s Legal Handbook 2013 (PDF)
Source: Judge Advocate General’s Legal Center and School, United States Army

This Handbook is designed to assist you in taking proper immediate action when faced with a variety of legal issues that might arise during your command. The purpose of your actions should be to preserve the legal situation until you can consult with your servicing Judge Advocate. However, like most aspects of your command responsibilities, you can fail if you just wait for things to come to you. You need to be proactive in preventing problems before they occur.

In the legal arena, this means establishing and enforcing high standards, ensuring your Soldiers are fully aware of those standards and properly trained to comply with them. You must also properly train your Soldiers on all Army policies and higher level command standards so that they also understand and comply with them. Soldiers must also be well-versed in the Army Values and be able to apply those values to real-world situations, which will usually keep them well within legal bounds.

All Soldiers have seen issues in the news that can occur when we are not proactive about discipline and standards: Abuse of prisoners, desecration of corpses, hazing, and sexual assault to name recent examples. All of these circumstances present serious legal issues. But, fundamentally, they also represent a breakdown in unit standards, training, and discipline. Your objective as a Commander should be to develop solid systems and a command climate that prevents legal issues, rather than just reacting to them. In sum, it is every bit as important to train your Soldiers to maintain a high level of discipline and compliance with law, policy, and military standards, as it is to train them to perform your Mission Essential Task List (METL). In legal circles, we call this effort to prevent legal problems before they arise by properly training Soldiers, “preventive law.” The responsibility to practice preventive law belongs to the Commander.

See also: 2013 Fiscal Law Deskbook (PDF)
See also: Military Citation Guide (PDF)

Last Words: A Survey and Analysis of Federal Judges’ Views on Allocution in Sentencing

April 15, 2014 Comments off

Last Words: A Survey and Analysis of Federal Judges’ Views on Allocution in Sentencing
Source: Social Science Research Network

Allocution — the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing — is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions — and many others — are answered directly in this first-ever study of judges’ views and practices regarding allocution.

The authors surveyed all federal district judges in the United States. This Article provides a summary and analysis of the participants’ responses. Patterns both expected and unexpected emerged, including, perhaps most surprisingly, that allocution does not typically have a large influence on defendants’ final sentences. Most of the judges agreed, however, that retaining this often-overlooked procedural right remains an important feature of the criminal-justice process.

This Article also synthesizes judges’ recommendations for both defendants and defense attorneys aiming to craft the most effective allocution possible. Critical factors include preparing beforehand, displaying genuine remorse, and tailoring the allocution to the predilections of the sentencing judge.

Lost and Found: Understanding Technologies Used to Locate Missing Persons with Alzheimer’s or Dementia

April 14, 2014 Comments off

Lost and Found: Understanding Technologies Used to Locate Missing Persons with Alzheimer’s or Dementia (PDF)
Source: Bureau of Justice Assistance

Alzheimer’s disease and other forms of dementia affect not only those who are living with the disease; these afflictions also impact the caregivers, law enforcement, and even neighbors. As the disease progresses, physical and mental capabilities are negatively impacted, short-term memory loss increases, and a person with Alzheimer’s might begin living in the past. As the person attempts to return to former places of employment or residences, they often get lost and need assistance returning to where they are currently residing. It is never possible to predict if or when a person with Alzheimer’s will wander or be unable to navigate familiar routes. Initiating a search for a person with Alzheimer’s can never be delayed, and conducting such searches can prove to be costly and consume extreme amounts of agency resources. It is crucial for law enforcement officers and other first responders to be familiar with and understand the signs of dementia and be aware of passive identification products used to identify persons with Alzheimer’s. In addition to passive identification techniques, there are technologies and products available that can be used to actively locate an individual who is lost.

Cellular location techniques and Global Positioning System devices are examples of proven methods for aiding law enforcement in a search for a missing person with dementia. This document will provide a technical description of these technologies and outline some of the advantages and disadvantages when employing these products. It will also provide comprehensive lists of locating devices that are currently available. Provided in each section is a short technical description of the technology and its advantages and the disadvantages. Appendix I and Appendix II provide a list of passive and active locating devices currently available.

The Treatment of Persons with Mental Illness in Prisons and Jails

April 14, 2014 Comments off

The Treatment of Persons with Mental Illness in Prisons and Jails
Source: Treatment Advocacy Center
From Executive Summary:

Prisons and jails have become America’s “new asylums”: The number of individuals with serious mental illness in prisons and jails now exceeds the number in state psychiatric hospitals tenfold. Most of the mentally ill individuals in prisons and jails would have been treated in state psychiatric hospitals in the years before the deinstitutionalization movement led to closing the hospitals, a trend that continues even today.

The treatment of mentally ill individuals in prisons and jails is critical, especially since such individuals are vulnerable and often abused while incarcerated. Untreated, their psychiatric illness often gets worse, and they leave prison or jail sicker than when they entered. Individuals in prison and jails have a right to receive medical care, and this right pertains to serious mental illness just as it pertains to tuberculosis, diabetes, or hypertension. This right to treatment has been affirmed by the US Supreme Court.

“The Treatment of Persons with Mental Illness in Prisons and Jails” is the first national survey of such treatment practices. It focuses on the problem of treating seriously mentally ill inmates who refuse treatment, usually because they lack awareness of their own illness and do not think they are sick. What are the treatment practices for these individuals in prisons and jails in each state? What are the consequences if such individuals are not treated?

To address these questions, an extensive survey of professionals in state and county corrections systems was undertaken. Sheriffs, jail administrators, and others who were interviewed for the survey expressed compassion for inmates with mental illness and frustration with the mental health system that is failing them. There were several other points of consensus among those interviewed:

  • Not only are the numbers of mentally ill in prisons and jails continuing to climb, the severity of inmates’ illnesses is on the rise as well.
  • Many inmates with mental illness need intensive treatment, and officials in the prisons and jails feel compelled to provide the hospital-level care these inmates need.
  • The root cause of the problem is the continuing closure of state psychiatric hospitals and the failure of mental health officials to provide appropriate aftercare for the released patients.

Social Media and Police Leadership: Lessons From Boston

April 14, 2014 Comments off

Social Media and Police Leadership: Lessons From Boston (PDF)
Source: National Institute of Justice

The Boston Police Department (BPD) has long embraced both community policing and the use of social media. The department put its experience to good and highly visible use in April 2013 during the dramatic, rapidly developing investigation that followed the deadly explosion of two bombs at the finish line of the Boston Marathon. BPD successfully used Twitter to keep the public informed about the status of the investigation, to calm nerves and request assistance, to correct mistaken information reported by the press, and to ask for public restraint in the tweeting of information from police scanners. This demonstrated the level of trust and interaction that a department and a community can attain online. In the aftermath of the investigation, BPD was “applauded for leading an honest conversation with the public during a time of crisis in a way that no police department has done before.”

National Criminal Justice Reference Service — Special Feature: Youth Violence

April 11, 2014 Comments off

Special Feature: Youth Violence
Source: National Criminal Justice Reference Service

According to data released by the Office of Juvenile Justice and Delinquency Prevention, juvenile arrests for violent crimes (murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault) declined 29% between 2006 and 2011 (Juvenile Arrests 2011, December 2013). The number of juvenile court cases involving violent offenses fell 8% between 2008 and 2009 (Juvenile Court Statistics, 2009, July 2012) and 8% between 2009 and 2010 (Juvenile Court Statistics, 2010, June 2013).

The Bureau of Justice Statistics resource, Violent Crime Against Youth, 1994-2010 (December 2012), presents trend data on a number of different points related to the topic. For example, from 1994 to 2010, the rate of serious violent crime occurring on school grounds declined by 62%. Also presented is information on the non-reporting of violent crimes by youth victims. During a 2002-10 period of analysis, the most frequent reasons youth provided for not reporting violence were that the incident was reported to another individual such as a school official (30%), was considered not important enough to the victim to report (15%), or was considered to be a private or personal matter (16%). Another reason youth provided for not reporting the victimization to police was that the offender was a child (7%).

The pages of this Special Feature contain publications and resources on topics related to youth violence and the prevention of such violence.

CRS — Abortion: Judicial History and Legislative Response (updated)

April 11, 2014 Comments off

Abortion: Judicial History and Legislative Response (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. In Doe v. Bolton, a companion decision, the Court found that a state may not unduly burden the exercise of that fundamental right with regulations that prohibit or substantially limit access to the means of effectuating the decision to have an abortion. Rather than settle the issue, the Court’s rulings since Roe and Doe have continued to generate debate and have precipitated a variety of governmental actions at the national, state, and local levels designed either to nullify the rulings or limit their effect. These governmental regulations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy.

The State of the Discordant Union: An Empirical Analysis of DMCA Takedown Notices

April 10, 2014 Comments off

The State of the Discordant Union: An Empirical Analysis of DMCA Takedown Notices
Source: Virginia Journal of Law and Technology, Forthcoming (via SSRN)

By conducting a census on half-a-million takedown notices and more than 50 million takedown requests in its datasets, this paper takes a detailed and systematic look at the state of the takedown process from an empirical perspective. It examines the use and issuance of takedown notices by copyright owners and reporters and the response of service providers to them. It further studies the relationship between the notices and requests and safe harbor provisions of the Digital Millennium Copyright Act, and identifies ways in which the takedown process can be further improved to preserve the diversity and freedom of the Internet.

Reducing Firearm-Related Injuries and Deaths in the United States: Executive Summary of a Policy Position Paper From the American College of Physicians

April 10, 2014 Comments off

Reducing Firearm-Related Injuries and Deaths in the United States: Executive Summary of a Policy Position Paper From the American College of Physicians
Source: Annals of Internal Medicine

Firearm violence is not only a criminal justice issue but also a public health threat. A comprehensive, multifaceted approach is necessary to reduce the burden of firearm-related injuries and deaths on individuals, families, communities, and society in general. Strategies to reduce firearm violence will need to address culture, substance use and mental health, firearm safety, and reasonable regulation, consistent with the Second Amendment, to keep firearms out of the hands of persons who intend to use them to harm themselves and others, as well as measures to reduce mass casualties associated with certain types of firearms.

As an organization representing physicians who have first-hand experience with the devastating impact firearm-related injuries and deaths have on the health of their patients, the ACP has a responsibility to participate in efforts to mitigate these needless tragedies. Because patients trust their physicians to advise them on issues that affect their health, physicians can help to educate the public on the risks of firearms and the need for firearm safety through their encounters with their patients. This Executive Summary provides a synopsis of the full position paper, which is available in Appendix 1.

Police resources in Canada, 2013

April 10, 2014 Comments off

Police resources in Canada, 2013
Source: Statistics Canada

In a period of fiscal pressures coupled with growing policing responsibilities, discussions regarding the economics of policing are taking place. Contributing to these discussions are police services, the public sector, academics, the private sector, as well as the general public. The discussions seek to identify the nature of and reasons for police expenditures, as well as ways to reduce costs while continuing to meet police responsibilities regarding public safety (Public Safety Canada 2013).

Using data from the Police Administration Survey (see the “Survey descriptions” section for details), this Juristat article will focus on the most recent findings regarding the rate of police strength and police expenditures. The Police Administration Survey captures police-reported data on the number of police officers in Canada by rank and sex, as well as civilian employees, based on a snapshot date (which is May 15, 2013 for the most recent data). Data on hiring, departures, and eligibility to retire in this report are based on either the 2012 calendar year or the 2012/2013 fiscal year, depending on the police service.

Information from this survey is provided for Canada, the provinces and territories and census metropolitan areas (CMAs). In addition, this article provides information on workplace mobility within police services, including the hiring of and departures by police, and eligibility to retire. Finally, it summarizes data on the characteristics of police officers, including gender, age group, and Aboriginal and visible minority status. To provide a more complete picture of the state of policing in Canada, the following contextual information are included: policing responsibilities and strategies within the economics of policing discussions; international data on police personnel and gender from the United Nations Office on Drugs and Crime (UNODC); and wage information from Statistics Canada’s Labour Force Survey (LFS).

State Policy Trends: More Supportive Legislation, Even As Attacks on Abortion Rights Continue

April 10, 2014 Comments off

State Policy Trends: More Supportive Legislation, Even As Attacks on Abortion Rights Continue
Source: Guttmacher Institute

The 2014 legislative session got off to a fast start, with legislators introducing a combined 733 provisions related to sexual and reproductive health and rights in nearly all the states that have legislative sessions this year (legislatures in Montana, Nevada, North Dakota and Texas will not meet in 2014). See here for the full analysis of the first quarter of 2014.

Significantly, legislators quickly showed a clear interest in protecting or expanding access to sexual and reproductive health care. Some 64 provisions have been introduced so far this year to expand or protect access to abortion, more than had been introduced in any year in the last quarter century. And only three months into the year, two new provisions protecting abortion rights have been enacted, and three others have passed one legislative chamber. Similarly, seven measures designed to expand access to other sexual and reproductive health services have passed at least one legislative body in six states and the District of Columbia.

As in recent years, however, state legislatures continued to take aim at abortion rights. Legislators in 38 states introduced 303 provisions seeking to limit women’s access to care. By March 31, three new abortion restrictions had been enacted, and 36 had passed one legislative chamber.

Honor on Death Row: Apology, Remorse, and the Culture of Honor in the U.S. South

April 10, 2014 Comments off

Honor on Death Row: Apology, Remorse, and the Culture of Honor in the U.S. South
Source: Sage Open

The Southern United States is described as having a culture of honor, an argument that has been used to explain higher crime rates in the Southern United States than in the rest of the country. This research explored whether the combination of honor-related violence and traditional southern politeness norms is related to regional differences in the degree of remorse expressed by those who have committed violent crimes. It was proposed that different social norms regarding politeness and apologies in the Southern United States would be reflected in the narratives provided by offenders. The data came from the final statements that offenders on death row made before they were executed. Results showed that, compared with offenders executed in the non-Southern United States, offenders executed in the South more often apologized for their crimes in their final statements, but they were not necessarily more remorseful.

IP in a World Without Scarcity

April 10, 2014 Comments off

IP in a World Without Scarcity
Source: Social Science Research Network

Things are valuable because they are scarce. The more abundant they become, they cheaper they become. But a series of technological changes is underway that promises to end scarcity as we know it for a wide variety of goods. The Internet is the most obvious example, because the change there is furthest along. The Internet has reduced the cost of production and distribution of informational content effectively to zero. In many cases it has also dramatically reduced the cost of producing that content. And it has changed the way in which information is distributed, separating the creators of content from the distributors.

More recently, new technologies promise to do for a variety of physical goods and even services what the Internet has already done for information. 3D printers can manufacture physical goods based on any digital design. Synthetic biology has automated the manufacture not just of copies of existing genetic sequences but any custom-made gene sequence, allowing anyone who want to create a gene sequence of their own to upload the sequence to a company that will “print” it using the basic building blocks of genetics. And advances in robotics offer the prospect that many of the services humans now provide can be provided free of charge by general-purpose machines that can be programmed to perform a variety of complex functions. While none of these technologies are nearly as far along as the Internet, they share two essential characteristics with the Internet: they radically reduce the cost of production and distribution of things, and they separate the informational content of those things (the design) from their manufacture. Combine these four developments – the Internet, 3D printing, robotics, and synthetic biology – and it is entirely plausible to envision a not-too-distant world in which most things that people want can be downloaded and created on site for very little money.

The role of IP in such a world is both controverted and critically important. IP rights are designed to artificially replicate scarcity where it would not otherwise exist. In its simplest form, IP law takes public goods that would otherwise be available to all and artificially restricts their distribution. It makes ideas scarce, because then we can bring them into the economy and charge for them, and economics knows how to deal with scarce things. So on one view – the classical view of IP law – a world in which all the value resides in information is a world in which we need IP everywhere, controlling rights over everything, or no one will get paid to create. That has been the response of IP law to the Internet so far.

CFPB Orders Bank Of America To Pay $727 Million In Consumer Relief For Illegal Credit Card Practices

April 9, 2014 Comments off

CFPB Orders Bank Of America To Pay $727 Million In Consumer Relief For Illegal Credit Card Practices
Source: Consumer Financial Protection Bureau

The Consumer Financial Protection Bureau (CFPB) has ordered Bank of America, N.A. and FIA Card Services, N.A. to provide an estimated $727 million in relief to consumers harmed by practices related to credit card add-on products. Roughly 1.4 million consumers were affected by Bank of America’s deceptive marketing of their add-on products. Bank of America also illegally charged approximately 1.9 million consumer accounts for credit monitoring and credit reporting services that they were not receiving. Bank of America will pay a $20 million civil money penalty to the CFPB.

State by State Lethal Injection

April 9, 2014 Comments off

State by State Lethal Injection
Source: Death Penalty Information Center

Until 2010, most states used a 3-drug combination for lethal injections: an anesthetic (either pentobarbital or, formerly, sodium thiopental), pancuronium bromide (a paralytic agent, also called Pavulon), and potassium chloride (stops the heart and causes death). Due to drug shortages, states have adopted new lethal injection methods, including:

ONE DRUG: Eight states have used a single-drug method for executions–a lethal dose of an anesthetic (Arizona, Georgia, Idaho, Missouri, Ohio, South Dakota, Texas, and Washington). Five other states have announced use of one-drug lethal injection protocols, but have not carried out such an execution (Arkansas, Kentucky, Louisiana, North Carolina, and Tennessee).

PENTOBARBITAL: Fourteen states have used pentobarbital in executions: Alabama, Arizona, Delaware, Florida, Georgia, Idaho, Mississippi, Missouri, Ohio, Oklahoma, South Carolina, South Dakota, Texas, and Virginia. Five additional states plan to use pentobarbital: Kentucky, Louisiana, Montana, North Carolina, and Tennessee. Colorado includes pentobarbital as a backup drug in its lethal injection procedure.

PROPOFOL: One state had planned to use propofol (Diprivan), in a single-drug protocol, but has since revised its lethal injection procedure: Missouri

MIDAZOLAM: One state has used midazolam as the first drug in a three-drug protocol: Florida. One state has used midazolam in a two-drug protocol: Ohio. Four states have proposed using midazolam in a two-drug protocol: Louisiana, Kentucky, Arizona, and Oklahoma. Two states have proposed using midazolam in a three-drug protocol: Virginia and Oklahoma. Some states have proposed multiple protocols.

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