scholarly journals Residual Deterrence

2018 ◽  
Vol 17 (5) ◽  
pp. 1654-1686 ◽  
Author(s):  
Francesc Dilmé ◽  
Daniel F Garrett
Keyword(s):  
Law Enforcement ◽  
Optimal Design ◽  
Do So

Abstract Successes of law enforcement in apprehending offenders are often publicized events. Such events have been found to result in temporary reductions in offending, or “residual deterrence”. We provide a theory of residual deterrence that accounts for the incentives of both enforcement officials and potential offenders. We do so by introducing to a standard inspection framework costs that must be incurred to commence enforcement. Such costs in practice include hiring specialized staff, undertaking targeted research and coordinating personnel. We illustrate how our model can be used to address a number of policy questions regarding the optimal design of enforcement authorities.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

scholarly journals Mind the Gap: A Systematic Approach to the International Criminal Court’s Arrest Warrants Enforcement Problem

2018 ◽  
Author(s):  
Nadia Banteka
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Systematic Approach ◽  
External Pressure ◽  
Development Aid ◽  
Political Role ◽  
The Us ◽  
Improve Compliance ◽  
Positive Inducements ◽  
Do So

ICCTs have been established on a belying enforcement paradox between their significant mandate and their inherent lack of enforcement powers due to absence of systemic law enforcement. This article is premised on the idea that ICCTs fail to procure substantial results due to their delusive persistence in rejecting the factoring of politics in their operation. Thus, I suggest a perspective for arrest warrant enforcement that not only recognizes the relevance of politics but also capitalizes on it. Accordingly, I argue that by fully comprehending its enforcement tools and making use of its political role, the ICC may increase its rates in the apprehension of suspects, and therefore secure higher levels of judicial enforcement. Based on different compliance theories, I argue that the Office of The Prosecutor of the ICC (OTP) can improve compliance with ICC arrest warrants by making use of third states and non-state actors. In Part I, I address the way states and international actors may assist the OTP towards unwilling to arrest states through inducements, reputational sanctions, and support for enforcement agencies. I propose that external pressure in the form of positive inducements (membership, development aid) or negative inducements (travel bans, asset freezes) as well as condemnation and reputational damage towards non-compliant states, are likely to increase compliance with arrest warrants. In Part II, I examine a strategy for the OTP towards states that are willing to arrest but are unable to do so. In these cases, the OTP would benefit from improving its institutional capacity to identify and use overlapping interests with activist states in the field of human rights and international justice through the establishment of a diplomatic arm within its Jurisdiction, Complementarity and Cooperation Division (JCCD). I unpack the question of what this engagement may look like by examining such a potential relationship between the US and the ICC. Finally, in Part III, I focus on the instances, where civil society has the ability to influence third states or situation states to assist in the execution of arrest warrants. I argue that the OTP ought to include more actively different actors within the global civil society, such as NGOs, transnational networks, and individuals, during its bargaining efforts.

“Won't You Please Help Me Get My Son Home”: Peonage, Patronage, and Protest in the World War II Urban South

1999 ◽  
Vol 24 (04) ◽  
pp. 777-806 ◽  
Author(s):  
Risa L. Goluboff
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
Federal Government ◽  
World War ◽  
Legal Process ◽  
Law Enforcement Agencies ◽  
Urban South ◽  
Job Opportunities ◽  
Rights Consciousness ◽  
Do So

During World War II, young African Americans from southern cities left their homes for what appeared to be patriotic job opportunities harvesting sugar cane in Florida. When returning workers described peonage and slavery instead, parents worried about their children's safety. After attempting to contact their children directly, the parents appealed to the federal government. Their decision to mobilize the federal government and the strategies they used to do so reveal important aspects of wartime African American protest that historians have previously overlooked. This article focuses on families instead of atomized individuals, revealing the importance of families, neighborhoods, and communities to the emergence of rights consciousness. It also complicates the historiographical dichotomy between rights consciousness and patronage relationships. Patrons served as liaisons with law enforcement agencies and provided links to a law-centered rights consciousness. For many historians, until protest exits the realm of patronage ties, it is not really protest, and once interactions with government themselves become bureaucratized they cease to be protest any longer. The efforts of the peons' families challenge both ends of this narrow category of protest; they both used patronage relations to lodge their protests and also forged rights consciousness within the legal process itself.

An Extension of Power: Criminal Justice, Law Enforcement, and Elite Rule in the South Carolina Lowcountry on the Eve of the American Revolution

2011 ◽  
Vol 1 (3) ◽  
pp. 241-281
Author(s):  
Aaron J. Palmer
Keyword(s):  
South Carolina ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Political Power ◽  
Property Crime ◽  
Vast Number ◽  
Important Extension ◽  
Do So

AbstractSouth Carolina's highly centralized and effective criminal justice system was an important extension of elite political power throughout the colony. It served two major functions: first, it served to protect property, the ultimate source of political power for the planter and merchant classes who ruled South Carolina as it supplied wealth, social status and the opportunity to hold high office. Second, by protecting property (even though the system often focused on elite property) and upholding order, the lowcountry elite united their interests with the interests of the general population who would also benefit from protection against property crime and disorder. Since the lowcountry elite also had to control a vast number of slaves and had to rely on all of the colony's white population to do so, providing effective government could serve as an important way to cultivate popular support. This paper examines the workings of South Carolina's criminal justice system and that system's priorities. By studying patterns in prosecution and punishment, one can see that the courts successfully attended to elite priorities.

Considerations for Finding the Optimal Design Parameters for a Novel Pole Climbing Robot

2008 ◽  
Author(s):  
Gabriel Goldman ◽  
Dennis Hong
Keyword(s):  
Optimal Design ◽  
Central Body ◽  
Design Parameters ◽  
Future Research ◽  
Climbing Robot ◽  
Serial Chain ◽  
Allowable Range ◽  
The Given ◽  
Selection Of ◽  
Do So

HyDRAS (Hyper-redundant Discrete Robotic Articulated Serpentine) is a novel serpentine robot comprising a serial chain of actuated universal joints for climbing structures such as poles or scaffoldings. To do so, it wraps its body around the structure in a helical shape, and rotates its body along its own central body axis to roll up the structure. This paper presents a method and considerations for selecting the optimal design parameters for the development of HyDRAS. The geometry equations derived in this paper will allow for a parametric approach that will aid in the selection of the appropriate design parameters such as module length, module diameter, helical pitch, and allowable range of motion for the given task of climbing pole like structures. Several examples are used to illustrate the method. The results obtained will be used in the analysis of the mechanical advantage of the mechanism and future research on the motion planning of HyDRAS.

scholarly journals Reversing the 'syndrome of secrecy': Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

ABSTRACT Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa's mandatory reporting rules should be amended to better serve their purpose.

scholarly journals Attacks on genetic privacy via uploads to genealogical databases

2019 ◽  
Author(s):  
Michael D. Edge ◽  
Graham Coop
Keyword(s):  
Law Enforcement ◽  
Target Person ◽  
Proof Of Concept ◽  
Genetic Privacy ◽  
Genetic Genealogy ◽  
Direct To Consumer ◽  
Multiple Datasets ◽  
Genome Wide ◽  
Recent Trends ◽  
Do So

AbstractDirect-to-consumer (DTC) genetics services are increasingly popular for genetic genealogy, with tens of millions of customers as of 2019. Several DTC genealogy services allow users to upload their own genetic datasets in order to search for genetic relatives. A user and a target person in the database are identified as genetic relatives if the user’s uploaded genome shares one or more sufficiently long segments in common with that of the target person—that is, if the two genomes share one or more long regions identical by state (IBS). IBS matches reveal some information about the genotypes of the target person, particularly if the chromosomal locations of IBS matches are shared with the uploader. Here, we describe several methods by which an adversary who wants to learn the genotypes of people in the database can do so by uploading multiple datasets. Depending on the methods used for IBS matching and the information about IBS segments returned to the user, substantial information about users’ genotypes can be revealed with a few hundred uploaded datasets. For example, using a method we call IBS tiling, we estimate that an adversary who uploads approximately 900 publicly available genomes could recover at least one allele at SNP sites across up to 82% of the genome of a median person of European ancestries. In databases that detect IBS segments using unphased genotypes, approximately 100 uploads of falsified datasets can reveal enough genetic information to allow accurate genome-wide imputation of every person in the database. Different DTC services use different methods for identifying and reporting IBS segments, leading to differences in vulnerability to the attacks we describe. We provide a proof-of-concept demonstration that the GEDmatch database in particular uses unphased genotypes to detect IBS and is vulnerable to genotypes being revealed by artificial datasets. We suggest simple-to-implement suggestions that will prevent the exploits we describe and discuss our results in light of recent trends in genetic privacy, including the recent use of uploads to DTC genetic genealogy services by law enforcement.

The Rise of Cybercrime

2018 ◽  
pp. 625-644 ◽  
Author(s):  
Grainne H. Kirwan
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Preventative Measures ◽  
Do So

Unlike many other types of crime, it is possible to make a good estimate for when the first cybercrimes occurred. It is unfortunately much more difficult to clearly define and categorize cybercrime, despite attempts by many key researchers in the field to do so. This chapter describes various types of cybercrime and presents typologies of cybercrime proposed by various researchers. It considers the problems in quantifying cybercrime and presents various reasons why such crimes may not be reported by victims or witnesses or recorded by law enforcement agencies. It provides an overview of various methods by which cybercrime can be prevented, including policing, diversion, deterrence, and developing target resistance. For many of these, psychological insights can help to provide guidance in the deterrence of offenders and preventative measures of targets.

Federalism and Subsidiarity: Principles and Processes in the Reform of the Australian Federation

2016 ◽  
Vol 44 (1) ◽  
pp. 1-24
Author(s):  
Nicholas Aroney
Keyword(s):  
Optimal Design ◽  
Optimal Allocation ◽  
Path Dependency ◽  
Point Of View ◽  
Federal System ◽  
State Governments ◽  
Know How ◽  
Rational Allocation ◽  
Do So

The principle of subsidiarity offers a criterion for the rational allocation of roles within federations between federal and state governments. The principle states that ‘functions should be performed by the lowest level of government competent to do so effectively’. However, embedded in the principle is a hierarchy: there are ‘higher’ and there are ‘lower’ levels of government. This hierarchy suggests a point of view from which assessments of optimal allocation are to be made. The deeper question, therefore, is this: ‘who will decide for whom?’ The reform of a federal system turns not only on what principles are used, but on questions of process: who will decide what those principles require, and how will they go about doing it? A problem of path dependency lies at the heart of Australia's federal malaise. It is this problem that we need to be grappling with when considering the optimal design of the system. To do so, we need to consider not only the principles but also the processes by which the federal system is to be reformed. This paper draws on the comparative experience of Switzerland, Germany and Austria to provide guidance about how Australia's federal system might best be reformed. If we want to know how to change institutions, we must be attuned to the fact that there is frequently a mismatch between the initial aims of institution-builders and the contemporary value we attach to them.1

Community Security and Self-Defense

Unruly People ◽  
2016 ◽  
Author(s):  
Robert J. Antony
Keyword(s):  
Law Enforcement ◽  
Self Regulation ◽  
Local Communities ◽  
The State ◽  
Famine Relief ◽  
Self Defense ◽  
State Agents ◽  
The Government ◽  
Self Protection ◽  
Do So

Chapter 5 analyzes local self-regulation and law enforcement efforts. In conjunction with government, local communities also devised various methods for their own security and self-defense. Despite the state’s efforts and accomplishments in reaching down into local communities, the countryside was too vast and populous for state agents to penetrate everywhere. Normally the government preferred not to intervene directly in local affairs, but rather, to do so only indirectly through community lecture (xiangyue) and mutual surveillance (baojia) agents. Occasionally, in times of crises, the state would intervene more directly, such as in cases of famine relief and the suppression of riots and rebellions, but more routine security matters were normally left to each individual community. Rural towns and villages adopted a number of strategies for self-protection against bandits, including walls and other fortifications, guardsmen units, crop-watching associations, and militia. Nonetheless, I also argue that there was a complicated mix of activities in local communities involving both protection and predation.

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