Enforcement Involvement Research Articles

Planners of Wisconsin 988 system anticipated residents’ questions

Substantial growth in call volume and a healthy percentage of repeat callers are confirming to Wisconsin leaders that they have been on the right track in their implementation of the state's 988 crisis lifeline system. Managers of the state's effort have worked hard to convince the public that 988 offers a safe and compassionate response that in only the rarest of cases will lead to a well‐being check‐in on a caller or law enforcement's involvement.

State Preemption of Municipal Laws and Policies that Protect Immigrant Communities: Impact on Latine Health and Well-Being in North Carolina.

BackgroundSome U.S. municipalities have proclaimed themselves “sanctuary cities” and/or adopted laws and policies limiting local involvement in enforcement of federal immigration policies. Several states, however, have adopted laws that preempt municipal laws and policies designed to protect immigrants. We explored the consequences of House Bill (H.B.) 318, one such preemption law in North Carolina (NC), on the health and well-being of Latine immigrants.MethodsWe conducted focus groups with Latine immigrants (n=49) and in-depth interviews with representatives from health, social service, and immigrant-serving organizations and local government (including law enforcement) (n=21) in NC municipalities that, before HB 318, adopted laws and policies supporting immigrants. Data were analyzed using constant comparison.ResultsTwelve themes emerged, including the positive impacts of municipal sanctuary laws and policies are limited by preemption and other state and federal actions; laws and policies like HB 318 are confusing, have a chilling effect on health services use, and make life harder overall for Latine communities; intensified federal immigration enforcement has increased fear among Latine communities; Trump administration policies worsened anti-immigrant climates; and use of community identification cards and greater information dissemination and inter-organization coordination can lessen the consequences of preemption and other restrictive laws and policies.ConclusionState preemption of protective municipal laws and policies negatively and profoundly affects immigrant health and well-being. However, creative strategies have been implemented to respond to preemption. These findings provide critical data for decision-makers and community leaders regarding the detrimental impacts of preemption laws and mitigation of these impacts.

Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance

In the European Union, states can distribute enforcement prerogatives between a supranational agency, over which they exercise equal influence, and a Council of ministers, where power resources mostly vary by country size. What shapes attitudes towards different enforcement designs? States at greater risk of noncompliance should eschew deeper cooperation and prefer procedures over which they can exercise more influence. Employing an original data set of positions on relevant contested issues during the negotiations over fiscal governance rules from 1997 to 2012, we show that governments at greater risk of noncompliance prefer greater discretion and, if they have higher voting power, more Council involvement in enforcement. These factors only partially explain positions on Commission empowerment. Given their greater indeterminacy, attitudes are also shaped by national public opinion.

Digital vigilantism and anti-paedophile activism in Russia. Between civic involvement in law enforcement, moral policing and business venture

ABSTRACT The rise of a reactionary political agenda in favour of traditional values led to the launching of an anti-paedophile campaign in Russia in the early 2010s. Taken on by ‘moral entrepreneurs’ well known by the general public for their familialist ideology and homophobic speeches, the issue of paedophilia was used to justify the adoption of legislative measures reinforcing a clampdown on child abuse and punishing those who disseminate propaganda about ‘non-traditional’ sexual relations to minors. This political agenda fuelled the emergence in Russian cities of self-proclaimed and competing ‘rule enforcers’, who began acting like vigilantes, setting traps for presumed paedophiles, purportedly in order to defend children. Contributing to a man-hunt atmosphere, these volunteers mix features of classical and digital vigilantism. However, they use digital tools not only to gather evidence or to publicise the identity of an alleged offender, but also to make a profit.

Blocking Orders: Assessing Tensions with Human Rights

Over the past few years, injunctions against Internet access providers requiring them to block access to copyright-infringing websites have been on the rise in Europe. This type of injunctions is popular because going after direct infringers has proven to be ineffective and disproportionate, whereas targeting the website operators is not an easy task either, as they often run their services from another jurisdiction, easily change location or conceal identity. Despite popularity of website blocking injunctions, the legal standards applicable to them remain to a great extent undefined. This uncertainty might be increased with regard to the additional enforcement obligations that the adopted Directive on Copyright in the Digital Single Market imposes on online intermediaries. This chapter tries to clarify the legal criteria for website blocking from the perspective of three fundamental rights that play a major role in website blocking cases. The freedom of expression framework for copyright enforcement and the progressive concept of user rights that has being construed under it is analysed first (I). The chapter then proceeds to discuss the limits of intermediaries’ involvement in digital enforcement mandated by the EU-specific freedom to conduct a business (II). The required efficacy of the blocking resulting from the human right to property framework for IP merits a separate examination (III). Finally, potential effects on the website blocking practices of the recent EU copyright reform are discussed (IV). The chapter concludes that despite this new legislation, courts at EU and national level will continue to play a central role in balancing the interests at stake through the principle of proportionality and that further guidance for the judiciary on how to use competing fundamental rights in this context should be developed.

Legal Problems of the Financial Services Authority and the National Police of the Republic of Indonesia in Enforcing Banking Crimes

<em>The Financial Services Authority in practice often face institutional problems that still rely on the position of outside investigators, but on the other hand it must maintain its independence. The purpose of this study is to examine and to analyze the Legal Problems of the Financial Services Authority and the National Police of the Republic of Indonesia in Enforcing Banking Crime. The method used in this study was the constructive paradigm. The research approach used was empirical juridical, namely legal research. The object of study were provisions and enforcement or implementation of legal provisions in action on every legal event that occurs in the community (in concreto). The data analysis used qualitative analysis. The results of the study found that the problem of the Financial Services Authority and the National Police of the Republic of Indonesia in conducting criminal acts against banking crimes was due to legislative factors or legal substance, structure and legal culture. Provisions of Article 183 of the Criminal Procedure Code, in which Civil Servant Investigators or PPNS are not necessarily able to collect all the evidence specified. The Second factor is the Law Enforcement Officials. In quality, the law enforcement factor that impedes the role of the FSA in investigating banking crimes is the limited professionalism in the field of investigation, so that knowledge and technical skills of investigation need to be improved. FSA in investigating banking crimes must recruit Police Investigators and Prosecutors, FSA must make an agreement with Polri in conducting investigations into banking crimes so that they can immediately arrest suspects who are considered to have committed banking criminal acts. The third is the cultural factors of society. In terms of the cultural factors of the community, the intensity of the community in its involvement in enforcement and supporting the investigation will be hampered by the lack of clarity in the position of the investigative institution.</em>

Assessing the potential impact of abnormal pricing violations on state corporate tax receipts

This paper examines the state corporate tax implications of abnormal transfer-pricing by U.S. companies involved in international trade. The state corporate tax cost of improperly priced imports and exports is estimated through analysis of every import and export transaction for the years 2005 through 2009 using the interquartile range methodology provided in regulations to Internal Revenue Code Section 482. Calculation of the interquartile range using the entire population of international transactions addresses interpretive issues related to abnormal prices that occur with the smaller samples normally used in such analyses. A policy recommendation is made for improving tax compliance through more rigorous state involvement in transfer pricing enforcement and greater formal collaboration with the Internal Revenue Service with respect to transfer pricing.

Why are Fishers not Enforcing Their Marine User Rights?

Over-fishing is a global problem that damages the marine environment and compromises the long-term sustainability of fisheries. This damage can be mitigated by restricting catch or other activities which can occur in marine areas. However, such management is only effective when restrictions are enforced to ensure compliance. We expect fishers to help enforce restrictions when they have exclusive user rights and can capture the benefits of management. In a number of such cases, however, fisher participation in the enforcement of user rights is absent. In this analysis we used central Chile as a case-study to investigate why some fishers may not participate in enforcement even when they have exclusive territorial user rights for fisheries. We used a best-worst scaling survey to assess why fishers would choose not to participate in enforcement through monitoring their TURF management areas, and what would help to increase their participation. We found that the main reason fishers may not monitor is because they consider government policing of marine areas and punishment of poachers to be ineffective. Increased and timely responsiveness by government when poachers are detected and more stringent penalisation of poachers may lead to greater involvement in enforcement by fishers.

Citizen Participation in Environmental Enforcement in India - Looking Beyond the RTI Act

Environmental compliance monitoring in India is not only inadequate but is also grossly ineffective. Citizen involvement is crucial to the establishment and implementation of a fair and effective environmental protection regime as citizens can supplement the government enforcement efforts and at the same time encourage it to maintain and sharpen its focus on environmental protection. This paper seeks to develop a case for citizen involvement in environmental enforcement in India to improve its effectiveness by leveraging the influence of citizens on enterprise reputation, through greater access to environmental performance data of the industries. This is to be achieved by tweaking the RTI Act (RTIA) to have more information on the environmental performance of the industrial facilities proactively available in user friendly manner to the citizens. The aim is to utilise the interplay between discerning citizens and the importance business concerns accord to their reputation capital (and the impact its erosion would have on the manner of their doing business) as an informal and non-court option to achieve enhanced environmental regulatory compliance. This paper reviews how a citizen is well placed to contribute and supplement environmental enforcement efforts and the means and methods to encourage citizen participation after providing a measure of the compliance and monitoring deficit in environmental enforcement in India as a background. The paper has been divided into three sections; Section-I covers monitoring, Section-II deals with citizen participation and the last section has the recommendations.

Do Members of Racial Minority Groups Have an Affinity With Serious Crimes? An Empirical Analysis

The overrepresentation of Blacks and Latinos in the arrest statistics is no longer a new finding but whether this trend is due to selective law enforcement or differential involvement in crime needs a more forceful and empirically grounded attention than has so far been proffered. Using data from a large midwestern police department, the total count of 11,293 arrests conducted from January through December 2005 were examined. A higher arrest rate was affirmed for Blacks and Latinos. In addition, the data provided considerable support for existence of zeal in discretional arrest for Blacks and Latinos but only a remote possibility of differential involvement in criminal behavior for the 2 racial minority groups.

Child Support Enforcement and Father Involvement Among Victims of Intimate Partner Violence

ABSTRACT The focus of this article will be intimate partner violence among custodial parents receiving welfare benefits and their required cooperation with the child support enforcement system to encourage the financial involvement of the noncustodial parent. The majority of the mothers in the study encouraged the father's continued emotional involvement with their child despite the violence. This article will illustrate through the use of a case study the desire of these mothers to encourage both a financial and emotional relationship with their child's father, with safety always a priority.

Regulamentação das cadeias de fornecedores para proteger a saúde e segurança de trabalhadores vulneráveis

Um grande número de pesquisas recentes evidencia que as estratégias de subcontratação de serviços e produtos e a contratação de trabalhadores contingentes, nas chamadas cadeias de fornecedores, afetam os processos de planejamento e tomada de decisão de maneira a solapar seriamente a Segurança e Saúde dos Trabalhadores (SST). Complexas cadeias de fornecedores apresentam um desafio para a ação de regulamentação, pois a responsabilidade legal pela SST está difusa dentre um maior espectro de atores sociais, com mais dificuldades para focalizar os principais tomadores de decisão, e as agências de governo encontram maiores dificuldades logísticas na tentativa de proteger legalmente os trabalhadores contingentes, como os temporários e terceirizados. Em certo número de indústrias, esses problemas têm instigado novas formas de intervenção regulamentadora, incluindo mecanismos para alocar a responsabilidade legal no topo das cadeias de fornecedores, dispositivos de acompanhamento contratual e crescente envolvimento da indústria, dos sindicatos e da comunidade na fiscalização do cumprimento da lei. Depois de descrever os problemas acima referidos, este artigo examina recentes esforços para regulamentar as cadeias de fornecedores para salvaguardar a SST no Reino Unido e na Austrália.

Child Support Enforcement and Father Involvement for Children in Never-Married Mother Families

This paper uses the 1988-1998 waves of the Current Population Survey—Child Support Supplement to track trends in father involvement for children in never-married families and to examine whether state child support enforcement affects their levels of involvement. Father involvement is measured by child support payments and visitation. The results indicate that father involvement for children in never-married mother families increased substantially over the 10-year period investigated and that effective child support enforcement significantly increased not only child support payment but also visitation for children in never-married mother families.

Troops Defending the Homeland: The Posse Comitatus Act and the Legal Environment for a Military Role in Domestic Counter Terrorism

The United States has been unique in entrusting law enforcement to civilian forces, at the lowest levels of government in its federal system. Its revolutionary and constitutional heritage likewise led to a sharp separation of civilian and military spheres of government, and to the subordination of the military to civilian authority. Although the domestic deployment of troops has occurred throughout US history, the Posse Comitatus Act of 1878 established a presumption against the use of the military to enforce the laws. While the Posse Comitatus Act remains as a symbol of the nation's distaste for military involvement in civilian law enforcement, concerns about homeland defense and catastrophic terrorism have led many to anticipate an enhanced role for the military in defending the homeland. The article reviews those recent developments and assesses the legal and practical problems that this trend portends.

Implementation Issues in a Community and Police Partnership in Law Enforcement Space: Lessons from a Case Study of a Community Policing Approach to Domestic Violence

Community Policing theory is personified by law enforcement organizations serving as catalysts for social change by enabling and empowering community-led involvement in the creation and maintenance of safety and order. Evidence suggests, however, that this personification is overshadowed by a reality marked by expanded law enforcement power and limited community involvement. A prominent explanation for a lack of significant community involvement is that community members are less than willing to put forth and sustain, or buy into, the effort required of effective collaboration with law enforcement. Although the lack of community buy-in offers a valid explanation, it may also oversimplify the complexity associated with coordinated responses to community and social problems. A case study of a community policing response to domestic violence is used to deconstruct the process of implementing a community and police partnership in law enforcement space. Several factors are identified that undermine both law enforcement and community involvement with the partnership.

Implications of “Third-Party” Involvement in Enforcement: The INS, Illegal Travelers, and International Airlines

This article is part of a larger study about the factors shaping the exercise of discretion by Immigration and Naturalization Service (INS) inspectors. It focuses on an infrequently examined topic: how agency behavior is affected when government depends on private enterprise to help enforce legal requirements. My examination of the INS's relationship with international airlines reveals that airlines are part of a third-party liability system. Airlines are mandated by law to screen foreign travelers prior to transporting them to the United States, in order to ensure foreign travelers' admissibility to the country, as well as required to remove all inadmissible travelers at airline cost. The study shows how third-party liability requirements generate a complex system of exchange relations and dependence between the INS and international airlines, a system that affects in important ways how the INS handles the cases of suspected inadmissible travelers.

New frontiers in the relationship between suicidology and law enforcement.

This paper reviews some historic ties between crisis intervention and the beginning of suicidology. It reviews the author's involvement in suicidology and law enforcement, in terms of crisis intervention, management of the man with a gun, studies of suicide among police, bereavement of widows of slain police officers, jailer stress, psychological aspects of kidnapping, kidnappers, victim survival in kidnapping, hostage negotiation, and application of the psychological autopsy to homicide investigation. In addition, the development of a program to offer survivor counseling for those whose loved ones have been killed and for those whose loved ones were the killers is described. Other new areas for suicidology application are outlined in terms of survivors, industry, and school.

Participation of the lawyer in forced enforcement of decisions in simplified cases

The article is devoted to investigating the specifics of the lawyer’s involvement in enforcement of decisions in summary proceedings. The issues of the essence of the enforcement proceedings and its parties, the order of enforcement of decisions, as well as the peculiarities of the participation of a lawyer at each stage of enforcement of decisions are considered.
 It is substantiated that the execution of decisions in the cases of simplified proceedings is carried out on the general basis, characteristic for the enforcement of decisions in the cases of lawsuit.
 Summarized that the specifics of the lawyer’s involvement in enforcement of decisions in summary proceedings are as follows:
 1) the lawyer in enforcement of decisions in the cases of simplified proceedings may represent the interests of the debtor or the debtor;
 2) the powers of the lawyer as a representative in the enforcement of decisions in cases of simplified proceedings shall be certified by a warrant, an order of a body or institution authorized by law to provide free legal aid, or a contract for legal aid;
 3) the peculiarity of the cases of the summary proceedings is in the order of their consideration, the terms, the peculiarities of the proceedings, however, the procedure for the execution of the decisions in the cases of the summary proceedings is general, and therefore in this context the activity of the lawyer is carried out on a general basis;
 4) the competence of attorneys representing the debtor and the debtor differs - they are given the same rights and obligations, but the debtor’s lawyer is obliged to additionally ensure that his client’s legal requirements are fulfilled by the court decision.
 The article contains conclusion that the peculiarities of the lawyer’s participation in enforcement of decisions in the cases of simplified proceedings are conditioned by his ability to represent the interests of the debtor or the debtor and a competence that is different in each of these cases.