Archive

Archive for the ‘legal and law enforcement’ Category

Putting a Value on Crime Analysts: Considerations for Law Enforcement Executives

April 23, 2014 Comments off

Putting a Value on Crime Analysts: Considerations for Law Enforcement Executives (PDF)
Source: Vera Institute of Justice (via Bureau of Justice Assistance

Crime analysis has become a common feature of U.S. law enforcement agencies. According to a 2008 Police Executive Research Forum (PERF) survey, 89 percent of responding agencies reported having staff whose primary or secondary duty was crime analysis, and the number of analysts has likely increased since then.

But in light of ongoing budget woes, elected officials are asking law enforcement executives to explain how civilian positions, especially those of crime analysts, contribute to the goals and mission of policing. Law enforcement professionals want to know how they can articulate the value of crime analysts, and whether cost-benefit analysis (CBA) can help demonstrate a return on investment for these positions. To put the bottom line up front: the field has not provided many cost-benefit studies of crime analysts to date.

This paper offers guidance for police executives grappling with this issue. The first section gives an overview of the steps involved in CBA and the challenges of using this technique. The second section poses questions about crime analysts that police executives need to answer as part of conducting a CBA. The final section of the paper discusses key considerations when performing a CBA of crime analysts.

About these ads

School Shooters: History, Current Theoretical and Empirical Findings, and Strategies for Prevention

April 23, 2014 Comments off

School Shooters: History, Current Theoretical and Empirical Findings, and Strategies for Prevention
Source: Sage Open

Situations involving active shooters in schools have increased in recent years. We define an “active shooter incident” as an occurrence where one or more individuals participate in an ongoing, random, or systematic shooting spree with the objective of multiple or mass murders. Attempts to build a profile of active school shooters have been unsuccessful to date, although there is some evidence to suggest that mental instability, social isolation, a self-perception of catastrophic loss, and access to weapons play a role in the identification of the shooter in a school shooting incident. This article details theories and after-the-fact findings of investigations on previous school shooters, and we offer an application of Levin and Madfis’s Five Stage Sequential Model to Adam Lanza, the perpetrator of the massacre at Sandy Hook Elementary School in December, 2012. Prevention strategies, suggestions for positive school climates, school security for the physical plants, and threat assessments are discussed, and implications for future research are offered.

Education Under Attack, 2014

April 22, 2014 Comments off

Education Under Attack, 2014
Source: Global Coalition to Protect Education From Attack

This global study charts the scale and nature of attacks on education; highlights their impact on education – including on students, teachers and facilities; and documents the ways that governments, local communities, non-governmental organizations (NGOs) and UN agencies try to reduce the impact of such violence and prevent future attacks.

In doing so, it provides the most extensive documentation of attacks on education to date. Following earlier studies that UNESCO published in 2007 and 2010, it not only examines attacks on schools, as previous research has done, but also considers military use of education facilities and more closely examines attacks on higher education.

The study’s four main aims are to: better inform international and national efforts to prevent schools, universities, students, teachers, academics and other education staff from being attacked; encourage the investigation, prosecution and punishment of the perpetrators of attacks; share knowledge about effective responses; and help those who have been attacked to recover and rebuild their lives – as Malala is doing – by providing recommendations for action that the international community, governments and armed non-state groups should adopt and implement.

CRS — Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress

April 22, 2014 Comments off

Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Recently invalidated aggregate limits on federal campaign contributions capped the total amount that one can give to all candidates, parties, or political action committees (PACs). For the 2014 election cycle, the aggregate limit for individual contributions was $123,200.The Supreme Court of the United States struck down the aggregate limits on April 2, 2014. Alabama contributor Shaun McCutcheon and the Republican National Committee (RNC) brought the case, McCutcheon v. FEC, after the aggregate limits prevented McCutcheon from contributing as desired to federal candidates and parties during the 2012 election cycle. The decision does not affect “base limits” that individuals may contribute to particular candidates or parties. Instead, McCutcheon permits individuals to give limited contributions to an unlimited number of candidates, political parties, and political action committees.

This report offers a preliminary analysis of major policy issues and potential implications that appear to be most relevant as the House and Senate decide whether or how to respond to McCutcheon. With the aggregate limits relaxed, additional funds might flow to candidate committees, party committees, or PACs. Joint fundraising committees and leadership PACs might expand as tools to funnel large contributions to multiple candidate committees, parties, or PACs. Disclosure of contributors who exceed the current aggregate limits might also be a policy concern. It is important to note that whether these possibilities will occur is unclear at this time.

This report will be updated to reflect major developments. This version of the report supersedes previous versions.

64,613 Software Engineers Join Class Action Hiring Conspiracy Lawsuit against Apple, Google, Intel and Adobe

April 22, 2014 Comments off

64,613 Software Engineers Join Class Action Hiring Conspiracy Lawsuit against Apple, Google, Intel and Adobe
Source: AllGov.com

The biggest legal story out of Silicon Valley these days involves more than 64,000 software engineers collectively suing several high-tech giants over their collusion to keep workers’ salaries down.

The class-action lawsuit, with 64,613 plaintiffs, targets Google, Apple, Intel and Adobe for secretly agreeing not to poach each other’s engineers and to share salary information in an effort to control salaries.

The collusion reportedly began in 2005, when Apple’s Steve Jobs approached Google’s top executive, Eric Schmidt, about working together to hold down salaries.

After getting Google on board, Jobs “strong-armed” Adobe into joining the secret pact, according to court documents. The documents show that Adobe CEO Bruce Chizen was reluctant to go along until Jobs threatened to poach Adobe engineers.

CRS — Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

April 22, 2014 Comments off

Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to noncompliance with a duly issued congressional subpoena—whether in the form of a refusal to appear before a committee for purposes of providing testimony, or a refusal to produce requested documents.

See also: Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch (PDF)

CRS — The Bureau of Prisons (BOP): Operations and Budget

April 22, 2014 Comments off

The Bureau of Prisons (BOP): Operations and Budget (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

The Bureau of Prisons (BOP) was established in 1930 to house federal inmates, professionalize the prison service, and ensure consistent and centralized administration of the federal prison system. The BOP is the largest correctional agency in the country, in terms of the number of prisoners under its jurisdiction. The BOP must confine any offender convicted and sentenced to a term of imprisonment in a federal court.

Consumer advisory: Co-signers can cause surprise defaults on your private student loans

April 22, 2014 Comments off

Consumer advisory: Co-signers can cause surprise defaults on your private student loans
Source: Consumer Financial Protection Bureau

Today, we released a report that describes complaints we received related to the private student loan industry’s practice of placing borrowers in default even when their loans are current and in good standing. We’re also warning consumers that they can avoid surprise defaults by pursuing a co-signer release.

The vast majority of private student loans today have a co-signer (typically a parent or a grandparent). Having a co-signer can often lead to a lower interest rate, which can save you money in the long-term, because the co-signer will have to repay the loan if you don’t.

However, your loan might also contain provisions that allow your student loan servicer to put you in default — even if you’ve been making your payments on time.

That’s because your co-signer is also on the hook for your loan and therefore changes in their behavior can impact your loan, causing your loan to default and making your entire balance due all at once. We’ve received complaints that private student loan servicers are placing borrowers into default when their co-signer dies or files for bankruptcy.

CRS — Same-Sex Marriage: A Legal Background After United States v. Windsor

April 21, 2014 Comments off

Same-Sex Marriage: A Legal Background After United States v. Windsor (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

The issue of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states. Conversely, many states have statutes and/or constitutional amendments limiting marriage to the union of one man and one woman. These state-level variations raise questions about the validity of such unions outside the contracted jurisdiction and have bearing on the distribution of state and/or federal benefits. As federal agencies grappled with the interplay of the Defense of Marriage Act (DOMA) and the distribution of federal marriage-based benefits, questions arose regarding DOMA’s constitutionality and the appropriate standard (strict, intermediate, or rational basis) of review to apply to the statute.

In United States v. Windsor, a closely divided U.S. Supreme Court held that Section 3 of DOMA, which prohibited federal recognition of same-sex marriage, violated due process and equal protection principles. As such, federal statutes that refer to a marriage and/or spouse for federal purposes should be interpreted as applying equally to legally married same-sex couples recognized by the state. However, the Court left unanswered questions such as (1) whether samesex couples have a fundamental right to marry and (2) whether state bans on same-sex marriage are constitutional.

Norton Rose Fulbright’s Annual Litigation Trends Survey

April 21, 2014 Comments off

Norton Rose Fulbright’s Annual Litigation Trends Survey
Source: Norton Rose Fulbright

The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright’s Annual Litigation Trends Survey.

The upward trend is the result of a stricter regulatory environment and increased scrutiny from a broad range of state and federal agencies. Close to 20 percent of survey respondents said their companies had faced a regulatory/investigation matter in 2013, up from 9 percent in 2012. The increase was consistent among all industries and companies of varying sizes, but was most pronounced among technology/communications organizations (27 percent versus 10 percent in 2012).

Poverty and Crime: Evidence from Rainfall and Trade Shocks in India

April 21, 2014 Comments off

Poverty and Crime: Evidence from Rainfall and Trade Shocks in India
Source: Harvard Business School Working Papers

Does poverty lead to crime? We shed light on this question using two independent and exogenous shocks to household income in rural India: the dramatic reduction in import tariffs in the early 1990s and rainfall variations. We find that trade shocks, previously shown to raise relative poverty, also increased the incidence of violent crimes and property crimes. The relationship between trade shocks and crime is similar to the observed relationship between rainfall shocks and crime. Our results thus identify a causal effect of poverty on crime. They also lend credence to a large literature on the effects of weather shocks on crime and conflict, which has usually assumed that the income channel is the most relevant one.

Taxation — Interim Results of the 2014 Filing Season

April 21, 2014 Comments off

Interim Results of the 2014 Filing Season
Source: Treasury Inspector General for Tax Administration

IMPACT ON TAXPAYERS
The filing season, defined as the period from January 1 through mid-April, is critical for the IRS because it is during this time that most individuals file their income tax returns and contact the IRS if they have questions about specific laws or filing procedures.

WHY TIGTA DID THE AUDIT
The closure of Government operations between October 1 and October 16, 2013, reduced the time the IRS had to implement tax law changes and bring tax return processing systems online. The objective of this review was to provide selected information related to the IRS’s 2014 Filing Season. TIGTA plans to issue the final results of our analysis of the 2014 Filing Season in September 2014.

WHAT TIGTA FOUND
As a result of the Government closure, the IRS delayed the start of the filing season from January 21, 2014, to January 31, 2014. As of March 7, 2014, the IRS had received more than 67.1 million tax returns—more than 62.2 million (92.6 percent) were filed electronically and nearly five million (7.4 percent) were filed on paper. The IRS has issued more than 55.4 million refunds totaling more than $164 billion.

The IRS continues to expand identity theft filters to identify fraudulent tax returns. As of February 28, 2014, the IRS reports that it identified and confirmed 28,076 fraudulent tax returns involving identity theft. In addition, the IRS identified 57,316 tax returns with $385 million claimed in fraudulent refunds and prevented the issuance of $336 million (87.3 percent) of the fraudulent refunds it identified. The IRS also identified 36,801 prisoner tax returns for screening.

The use of the split refund option to direct deposit a refund into multiple bank accounts continues to grow. Through March 6, 2014, a total of 585,331 individuals chose to split refunds totaling more than $2.6 billion into multiple accounts. However, TIGTA continues to identify that some taxpayers and return preparers misuse this option to direct a portion of a tax refund to a preparer for payment of services.

TIGTA also found that some paid tax return preparers continue to be noncompliant with Earned Income Tax Credit due diligence requirements, but the number has decreased substantially when compared to the same period last filing season.

Finally, the IRS plans to assist 5.6 million taxpayers through face-to-face contact at the Taxpayer Assistance Centers during Fiscal Year 2014, which is one million fewer taxpayers than were assisted during Fiscal Year 2013. As of March 8, 2014, approximately 46.3 million taxpayers had contacted the IRS by calling one of the various toll-free Customer Account Services lines. The IRS continues to offer more self-assistance options that taxpayers can access 24 hours a day, seven days a week, including its IRS2Go app; YouTube channels; interactive self-help tools on IRS.gov; and Twitter, Tumblr, and Facebook accounts. However, the IRS did not always ensure that the self-help tools were updated with the most current tax information before the start of the filing season.

WHAT TIGTA RECOMMENDED
This report was prepared to provide interim information only. Therefore, no recommendations were made in the report.

The Legal Needs of Emerging Online Media: The Online Media Legal Network after 500 Referrals

April 18, 2014 Comments off

The Legal Needs of Emerging Online Media: The Online Media Legal Network after 500 Referrals
Source: Digital Media Law Project

Since December 2009, the DMLP has operated the Online Media Legal Network, a free attorney referral service for independent, online journalists and journalism organizations. The OMLN has served as a fundamental part of the legal support structure for online journalism, assisting more than 260 clients with over 500 separate legal matters.

As a result of that experience, the DMLP has been in a unique position to observe the nature of these new journalism ventures and their legal needs. This report collects these observations, including the following:

  • Those who have sought help from the OMLN overwhelmingly create their own original content, rather than aggregate the content of others. Many also provide support services to other journalists, platforms for users to talk to one another, or tools to access primary source information.
  • While some clients report on niche issues, many more are focused on reporting news of general interest, either to the public at large or local audiences. Non-profit clients show a greater focus on reporting on social issues such as health and education than for-profit or individual clients.
  • OMLN clients show significant evidence of forward planning. They are more often proactive than reactive to legal issues, frequently seeking assistance with intellectual property, content liability, and corporate questions before crises occur.
  • Individual clients not employed by an organization, and those clients who reported on businesses or to consumer audiences, sought help defending against legal threats more often than other clients. This indicates a particular need for greater litigation assistance among these categories.
  • The advice sought by OMLN clients with regard to intellectual property matters shows a near-perfect balance between protecting their own content and using the content of others.

Annotated Bibliography: Juvenile Justice

April 18, 2014 Comments off

Annotated Bibliography: Juvenile Justice
Source: National Institute of Corrections

Are you looking for a comprehensive list of resources about juvenile justice? Then this publication is for you. It offers a wide range of sources that will give you an excellent review of the field of juvenile justice. Each annotation explains what the item is about, with many having Web links. Citations are organized into the following areas: courts; juvenile assessment; assessment tools; programs; programs for young women; facilities; training; websites; and juvenile sex offenders.

UNODC — Global Study on Homicide 2013 (released 4/10/14)

April 18, 2014 Comments off

Global Study on Homicide 2013
Source: United Nations Office on Drugs and Crime (UNODC)
From press release (PDF):

Almost half a million people (437,000) across the world lost their lives in 2012 as a result of intentional homicide, according to a new study by the United Nations Office on Drugs and Crime (UNODC).

Launching the Global Study on Homicide 2013 in London today, Jean-Luc Lemahieu, Director for Policy Analysis and Public Affairs, said: “Too many lives are being tragically cut short, too many families and communities left shattered. There is an urgent need to understand how violent crime is plaguing countries around the world, particularly affecting young men but also taking a heavy toll on women.”

Globally, some 80 per cent of homicide victims a nd 95 per cent of perpetrato rs are men. Almost 15 per cent of all homicides stem from domestic violence (63,600). However, the overwhelming majority – almost 70 per cent – of domestic violence fatalities are women (43,600). “Home can be the most dangerous place for a woman,” said Mr . Lemahieu. “It is particularly heart-breaking when those who should be protecting their loved ones are the very people responsible for their murder.”

Over half of all homicide victims are under 30 years of age, with children under the age of 15 accounting for just over 8 per cent of all homicides (36,000), the Study highlighted.

Transcript: Innovations in Justice— Real Crimes in Virtual Worlds: An Interview With Dr. Brian Regli and Dr. Robert D’Ovidio

April 18, 2014 Comments off

Transcript: Innovations in Justice— Real Crimes in Virtual Worlds: An Interview With Dr. Brian Regli and Dr. Robert D’Ovidio (PDF)
Source: Bureau of Justice Assistance

Hello, this is Cornelia Sigworth. I’m a Policy Advisor with the Bureau of Justice Assistance. Today I am sitting down with Dr. Brian Regli from Drakontas Communication Tool and Dr. Robert D’Ovidio from Drexel University. Dr. Regli is the Chief Executive Officer of Drakontas Incorporated [LLC, http://www.drakontas.com. In this role, he is responsible for developing product commercialization strategies for emerging technologies. Dr. D’Ovidio is an Associate Professor at Drexel University, where he teaches for the Criminal Justice Program and directs Drexel’s research program in computer crime and digital forensics. Both Dr. Regli and Dr. D’Ovidio are working with the Bureau of Justice Assistance to develop curriculum materials to increase awareness of crimes committed in virtual worlds and to build capacity among state and local law enforcement [agencies] to combat these crimes.

So, Brian, when you think of video games, you think of fun, not crime. How are people exploiting virtual worlds and online video game worlds for criminal purposes?

SPLC report: Users of leading white supremacist web forum responsible for many deadly hate crimes, mass killings

April 18, 2014 Comments off

SPLC report: Users of leading white supremacist web forum responsible for many deadly hate crimes, mass killings
Source: Southern Poverty Law Center

Nearly 100 people in the last five years have been murdered by active users of the leading racist website, Stormfront, according to a report released today by the SPLC’s Intelligence Project.

Registered Stormfront users have been disproportionately responsible for some of the most lethal hate crimes and mass killings since the web forum became the first hate site on the Internet in 1995, a month before the Oklahoma City bombing. The report found that hate killings by Stormfront members began to accelerate rapidly in early 2009, when Barack Obama took office as the nation’s first black president.

A similar racist web forum, Vanguard News Network (VNN), was used by neo-Nazi and former Klan leader Frazier Glenn Miller, who has been charged with the Sunday murder of three people he mistakenly believed were Jews in Overland Park, Kan. Miller, who apparently changed his last name in recent years to Cross, logged more than 12,000 posts on VNN, whose slogan is, “No Jews, Just Right.”

USDoJ Executive Office for Immigration Review: FY 2013 Statistics

April 17, 2014 Comments off

USDoJ Executive Office for Immigration Review: FY 2013 Statistics (PDF)
Source: U.S. Department of Justice, Executive Office for Immigration Review
From press release (PDF):

The Executive Office for Immigration Review (EOIR) today announced that it has released its Fiscal Year (FY) 2013 Statistics Yearbook. As announced on its website on October 1, 2013, EOIR has been working to enhance its external data reporting by changing the way it analyzes and reports its data. The new statistical methodology is featured in the FY 2013 Statistics Yearbook, an annual compilation of data that examines respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases.

CRS — Table Egg Production and Hen Welfare: Agreement and Legislative Proposals

April 17, 2014 Comments off

Table Egg Production and Hen Welfare: Agreement and Legislative Proposals/strong> (PDF)
Source: Congressional Research Service (via National Agricultural Law Center)

The United Egg Producers (UEP), the largest group representing egg producers, and the Humane Society of the United States (HSUS), the largest animal protection group, have been adversaries for many years over the use of conventional cages in table egg production. In July 2011, the animal agriculture community was stunned when the UEP and HSUS announced that they had agreed to work together to push for federal legislation to regulate how U.S. table eggs are produced. The agreement between UEP and HSUS called for federal legislation that would set cage sizes, establish labeling requirements, and regulate other production practices. As part of the agreement, HSUS agreed to immediately suspend state-level ballot initiative efforts in Oregon and Washington.

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.

Follow

Get every new post delivered to your Inbox.

Join 785 other followers