Current Enforcement Practices Research Articles

Measuring racial and ethnic disparities in traffic enforcement with large-scale telematics data.

Past studies have found that racial and ethnic minorities are more likely than White drivers to be pulled over by the police for alleged traffic infractions, including a combination of speeding and equipment violations. It has been difficult, though, to measure the extent to which these disparities stem from discriminatory enforcement rather than from differences in offense rates. Here, in the context of speeding enforcement, we address this challenge by leveraging a novel source of telematics data, which include second-by-second driving speed for hundreds of thousands of individuals in 10 major cities across the United States. We find that time spent speeding is approximately uncorrelated with neighborhood demographics, yet, in several cities, officers focused speeding enforcement in small, demographically nonrepresentative areas. In some cities, speeding enforcement was concentrated in predominantly non-White neighborhoods, while, in others, enforcement was concentrated in predominately White neighborhoods. Averaging across the 10 cities we examined, and adjusting for observed speeding behavior, we find that speeding enforcement was moderately more concentrated in non-White neighborhoods. Our results show that current enforcement practices can lead to inequities across race and ethnicity.

Crash risk factors for interstate large trucks in North Carolina

Introduction: Provide an updated examination of risk factors for large truck involvements in crashes resulting in injury or death. Methods: A matched case–control study was conducted in North Carolina of large trucks operated by interstate carriers. Cases were defined as trucks involved in crashes resulting in fatal or non-fatal injury, and one control truck was matched on the basis of location, weekday, time of day, and truck type. The matched-pair odds ratio provided an estimate of the effect of various driver, vehicle, or carrier factors. Results: Out-of-service (OOS) brake violations tripled the risk of crashing; any OOS vehicle defect increased crash risk by 362%. Higher historical crash rates (fatal, injury, or all crashes) of the carrier were associated with increased risk of crashing. Operating on a short-haul exemption increased crash risk by 383%. Antilock braking systems reduced crash risk by 65%. All of these results were statistically significant at the 95% confidence level. Other safety technologies also showed estimated benefits, although not statistically significant. Conclusions: With the exception of the finding that short-haul exemption is associated with increased crash risk, results largely bolster what is currently known about large truck crash risk and reinforce current enforcement practices. Results also suggest vehicle safety technologies can be important in lowering crash risk. This means that as safety technology continues to penetrate the fleet, whether from voluntary usage or government mandates, reductions in large truck crashes may be achieved. Practical application: Results imply that increased enforcement and use of crash avoidance technologies can improve the large truck crash problem.

Parole and House Arrest: Issues in Interchangeability.

The article examines the practice of early release on parole for persons before being sentenced. The pre-trial restrictions concern detention and house arrest. The main purpose of the article is a reasonable response to the question about whether the right to set off time of detention under house arrest in six months’ imprisonment necessary for the emergence of the right to parole? To achieve the purpose,the article analyzes the current enforcement practice and opinions of scientists on this issue and the nbased on the results presents arguments to defend author’s position. The key findings of the research are: 1) offsetting time spent in detention to calculate a factual time in imprisonment to address the issueof parole is a common practice based on the positions of the highest judicial bodies of the country and supported by part of scholars in the field of criminal law; 2) when deciding in practice on recalculating time under house arrest, the decision is based on the following reasoning: since the time of the personunder house arrest shall be credited to the period of detention, and the detention period is included in the term of imprisonment, when calculating the actual period of detention, imprisonment for parole period of house arrest should be included in that period; 3) this reasoning is flawed because it is based on a dogmatic rather than systemic interpretation of the Criminal Code and Code of Criminal Procedure without understanding the role of the set six-month term in the parole system of criminal law measures; 4) by its nature, the deprivation of liberty and detention of a person from the point of criminal law arealmost identical, but the house arrest is substantially different from them; 5) the paper proposes to amend the Resolution of the Plenum of the Supreme Court of the Russian Federation of 21.04.2009№ 8 “On Judicial Practice Parole from Serving a Sentence, Replacing the Unserved Part of Punishment with a Milder one”.

Economic deficits in the competition policy analysis of e-commerce: is the current enforcement practice justified from an economic perspective?

Economic deficits in the competition policy analysis of e-commerce: is the current enforcement practice justified from an economic perspective?

Corruption Threats in Regulations: Analytical Review of the Literature and Case Materials of the Russian Federation

The urgency of the research is determined by the fact that one of the major factors leading to corruption is ineffective and inadequate legislation that has corrupt signs. The objective of the article is to give a comprehensive examination of the theoretical issues arising in the sector of legal regulation and regulatory enforcement of anti-corruption expertise at the federal, regional and local levels. Foreign experience in the sphere has been taken into consideration. The leading research methods that allowed to perform a multi-method research were the Aristotelian, historical and genetic methods, the system analysis, and the comparative law. The paper presents the results of monitoring of the dynamics of the current legislation in anti-corruption expertise regulation sector as well as the gaps in legal regulation. There has been made a reasonable prospect for improving the current legislation on the basis of the current enforcement practices at the federal level and in the Republic of Tatarstan. The material of the article may be useful for legal practitioners, researchers in the fields of theory of law and state.

Regulating abuse of superior bargaining position under the Japanese competition law: an anomaly or a necessity?

Abuse of superior bargaining position has long been a controversial area of Japanese competition law. Even though it is by no means unique to Japan—Korea, Taiwan, France, and Germany among others also have similar regulation—Japan’s abuse regulation has tended to attract more attention globally. One of the main sources of controversy for abuse regulation is whether it is consistent with competition law, and whether it serves any useful economic purpose. This article attempts to address this long-standing debate by examining whether abuse regulation is consistent with the various objectives of competition law and other economic rationales. Having determined that these objectives and rationales provide at best tenuous justifications for abuse regulation, or are inconsistent with the Japan Fair Trade Commission’s current enforcement practices, it proceeds to argue that abuse regulation can be best justified as a supplement to deficient contract law enforcement, which many commentators have noted is particularly serious for smalland medium-sized enterprises in Japan.

Towards an automatic enforcement for speeding: enhanced model and intelligent transportation systems realisation

An adequate enforcement process is essential to make road traffic fines effective. Automatising such process is intended to provide such effectiveness. However, current enforcement practices do not achieve this goal, as they usually have weaknesses regarding the reliable identification of the offender, the immediacy of feedback after the violation and the completeness of offence description. Intelligent Transportation Systems (ITSs) technologies may be introduced to contribute to these issues. To enable such integration, a complete model of this process must be built. Based on the VERA2 model and the Spanish traffic legislation, in this work an enhanced model is proposed that identifies the stakeholders, the process entities, the data at stake and their interchanges. Its suitability to represent current enforcement systems (particularly the Spanish ESTRADA and the French CSA) is evaluated. Furthermore, based on this model, the integration of the ITS-related technologies is analysed, as well as their suitability compared with current approaches.

Minimum Labour Standards Enforcement in Australia: Caught in the Crossfire?

AbstractThe complex transition from convict to free labour influenced state intervention in the employment relationship, and initiated the first minimum labour standards in Australia in 1828. Since then, two principal sets of tensions have affected the enforcement of such standards: tensions between government and employers, and tensions between the major political parties over industrial and economic issues. This article argues that these tensions have resulted in a sustained legacy affecting minimum labour standards’ enforcement in Australia. The article outlines broad historical developments and contexts of minimum labour standards’ enforcement in Australia since 1828, with more contemporary exploration focusing specifically on enforcement practices and policies in the Australian federal industrial relations jurisdiction. Current enforcement practices are an outcome of this volatile history, and past influences remain strong.

Police and illicit drug markets: some economic considerations.

AbstractThe role and effects of police activity in the enforcement of drug laws are examined using the economic tools of supply and demand analysis. In view of the epidemic nature of the drug abuse problem and its obvious economic aspects, the infrequent application of economic analysis in the area seems an anomaly. This analysis suggests that some of our current enforcement practices are apparently futile. It is clear, however, that no simple solution to illicit drug abuse exists because of the interdependence of the markets for different drugs, because of the interplay between the supply and demand sides of most clandestine drug markets, and because of changing social mores and legal standards. Several important implications for the activities of police are evident. Vigorous drug law enforcement by police appears to be counterproductive and dysfunctional when it is: (1) directed at drugs such as heroin which are addictive in nature and which have price inelastic (unresponsive) demands; and (2) directed primarily at the supply side of the market. Supply‐reducing law enforcement activities will apparently not be counterproductive and will not greatly increase the number and character of crimes if it is directed at drugs which are nonaddictive in nature (for example, marihuana), and which have price elastic (responsive) demands.Demand‐reducing policies are more appropriate for addicting drugs such as heroin. Demand‐reducing polices analysed include; (1) education; (2) rehabilitative incarceration; and (3) drug substitutes such as methadone. The role of police in demand‐reducing policies is probably smaller, however, than their corresponding role in supply‐reducing policies. The role of police in a medically‐oriented approach similar to that existing in Geat Britain is also minimal.

Further reform of enforcement proceedings in Ukraine: international standards and a foreign element

The article analyzes the problematic situations that occur in the current enforcement practice and which need to be resolved in the new legislation of Ukraine, in particular, the Law of Ukraine "On Enforcement Proceedings", the Civil Procedure Code of Ukraine and other normative acts that need to align and reflect the latest concepts of enforcement of decisions with foreign element. Issues raised regarding the need to introduce into the relevant legislation, court and practice on enforcement of judgments and other bodies of international standards of enforcement proceedings proposed by the Council of Europe.
 This article has for an object to educe only major problem questions in a modern executive production in an order to caution the origin of errors in the new release of this Law and define priorities in the international aspects of a force implementation of decisions. Fully obviously, that it is necessary to work on creation of international principles of executive process and the Ukrainian scientists can not lie up this problem.
 The current state of reform of Ukraine's legal system is characterized by that, what needs the deep rethinking and transformation plenty of normative acts, improvement of activity of practically all law enforcement authorities. It is considered a necessity to undertake substantial steps in direction of approaching of our state to the international standards and complex development of legislation taking into account considerable migration of population, eurointegration course, id est to strengthen regulation of legal relationships with a foreign element. In this connection appears a necessity to spare considerably anymore attention in the new release of Law of Ukraine "On Enforcement Proceedings"" of status of foreign subjects, including, foreign investors and protection of their rights on an investment, to strengthen and develop the question of a force implementation of foreign court decisions, and also represent in international agreements the simplified system of intergovernmental relations in the sphere of a force implementation of decisions and others like that. In the period of reforms these problem questions it more easily to affect, to discuss and represent in a legislation, than in the following to bring in corrections to the formed legislation.