Law Enforcement Costs Research Articles

Reconstruction of the Termination of Prosecution of Corruption Offences Public Prosecutor's Discretion

Corruption cases that result in small state financial losses continue to end up in the Corruption Court without alternative solutions that are faster, simpler and cheaper, even though the Corruption Court is located in the provincial capital and the corruption trial process requires a lot of money. So that it is not commensurate between the costs of law enforcement incurred with the state financial losses incurred due to corruption. The method of this research approach is juridical sociological because the problems studied concern the relationship between juridical factors and sociological factors. The urgency of discontinuing the prosecution of corruption crimes with small state financial losses is that the prosecution of corruption crimes with small state financial losses is inefficient and the Discontinuation of Prosecution of corruption crimes with small state financial losses does not have a legal umbrella This is because there are weaknesses in legal substance, legal structure and legal culture. The reconstruction model for the termination of prosecution of corruption crimes with small state financial losses based on Prosecutorial Discretion by the Public Prosecutor in a Progressive Legal Perspective is the Reconstruction of Legal Substance, namely adding Prosecutorial Discretion by the Public Prosecutor as a manifestation of the Dominus Litis Principle can stop the prosecution of corruption crimes with small state financial losses where this has not been regulated in Article 140 paragraph (2) of the Criminal Procedure Code, Reconstruction of legal structure, namely the delegation of authority from the Attorney General of the Republic of Indonesia to the Head of the High Prosecutor's Office as the controller of the termination of prosecution of corruption crimes with small state financial losses, Reconstruction of legal culture, namely changing the patterns of thought of public prosecutors from positivistic to progressive in exercising their authority. The recommendations in this study encourage the reform of the Criminal Procedure Code (KUHAP) related to the authority to discontinue prosecution by the Public Prosecutor and the need to make a regulation of the Attorney General related to the Discontinuation of Prosecution based on the Discretion of the Public Prosecutor.

Campaign-style law enforcement in China: Causes and consequences

This article aims to address two primary research questions: first, why does the Chinese government consistently favour campaign-style law enforcement, and second, what are the consequences of this law enforcement approach for China's criminal justice system? Drawing on a review of the existing literature and official documents on anti-crime campaigns, as well as interview data concerning local policing problems, this article offers both top-down and bottom-up explanations regarding the government's persistent employment of campaign-style law enforcement to tackle serious and organised crime. The top-down approach perceives China's anti-crime campaigns as elite-engineered moral panics and the result of political elites’ long-standing tendency towards “heavy penaltyism.” The bottom-up approach focuses on the failure of routine law enforcement and collusion between local officials and gangsters, which necessitates anti-crime campaigns. To illustrate the consequences of campaign-style law enforcement on the criminal justice system, this article explores empirical data collected during China's latest “Sweep Away Black Societies and Eliminate Evil Forces” campaign and highlights the costs of campaign-style law enforcement, such as eroding the rule of law, generating a criminal justice pendulum and creating serious procedural injustices.

Economic costs of alcohol consumption in Thailand, 2021

BackgroundAlcohol is one of the leading risk factors contributing to avoidable economic loss worldwide. Estimates from the economic cost of alcohol consumption studies play an important role in prioritizing healthcare resource use, supporting policy decisions, and justifying budgets for alcohol policy. This study aimed to estimate the economic burden associated with alcohol consumption in Thailand in 2021.MethodsPrevalence-based cost of illness methodology was employed. The following costs were included in the analysis: healthcare costs; cost of law enforcement; cost of property damage due to road traffic accidents; cost of premature mortality; and cost of absenteeism from out-patient hospital visits and hospitalization. Human capital approach was adopted. All costs were presented in Thai baht, 2021.ResultsAlcohol consumption incurred a total estimated economic cost of 165,450.5 million baht, equivalent to 1.02% of Gross Domestic Product (GDP) and 2500 baht per capita. Cost of premature mortality was estimated at 157,918.7 million baht and accounted for the largest proportion of the total cost (95.45%). Healthcare cost was found to be the second highest share representing 4370.1 million baht (2.7% of the total cost). The number of premature death attributable to alcohol consumption in 2021 was estimated at 22,804.ConclusionsAlcohol continues to impose a substantial economic burden in Thailand. Enforcement of existing well-formulated alcohol control policies is urgently required to mitigate the economic impact of alcohol consumption in the country.

Abortion Rights -Highly Controversial Legal Issues

As a long-standing issue, the right to abortion has generated many social issues in its practical application, leading to intensified social conflicts between pro-abortion and anti-abortion groups. It will use relevant cases such as the Roe v. Wade case as the starting point to conduct a specific analysis of the reasons for the dispute, including the conflict between religious will and feminism, high law enforcement costs, increasing social class gap, and disputes over whether the fetus has the right to life. On this basis, it will propose measures to weaken the negative impact of the right to prohibit abortion on these issues, such as to promote the revision of legal provisions, to integrate public law and private law, to increase the popularity of female sex education, to increase social welfare, and to consolidate social security. It should be noted that mitigating the adverse effects of an abortion ban is a gradual process, requiring the cooperation of different factions with conflicting interests. But by increasing attention to relevant issues and taking corresponding improvement measures, the problems caused by the ban on abortion will gradually be alleviated.

О некоторых проблемах использования отдельных постулатов «экономической теории преступлений и наказаний» в целях «оптимизации» уровня преступности

The problem of optimizing the level of crime is one of the urgent problems facing domestic and foreign criminology. The relevance of this problem is due to the fact that crime is a phenomenon that causes enormous damage to society, which, on the one hand, reduces the income of the population, and on the other hand, requires certain expenses for the maintenance of the law enforcement system to prevent it, which leads to an increase in the social costs of society.
 The purpose of the study is to determine to what extent certain postulates of the "economic theory of crimes and punishments" proposed by scientists - economists can be used in order to optimize the level of crime.
 The subject of research in this article are the features and patterns of criminal and law enforcement activities, the knowledge of which allows us to conclude that there are or are no problems when using certain postulates of the "economic theory of crimes and punishments" to optimize the level of crime
 Methodology and methods. In the course of the study, an analysis was made of the possibilities of using certain postulates of the "economic theory of crimes and punishments" in order to optimize the level of crime. The implementation of this kind of analysis involves the use of a number of research methods, which include: the method of modeling the behavior of a criminal; a method of testing models of economic postulates of the economic theory of crimes and punishments in specific situations, followed by the formulation of conclusions about the validity or inconsistency of these models, including the use of mathematical and statistical research methods. At the same time, mathematical and statistical research methods were used to determine the level of detection of crimes, as well as to analyze the dependence of the costs of law enforcement and the actual level of crime.
 Research results and their scientific novelty. The study found that in a number of cases the postulates of the economic theory of crimes and punishments do not adequately reflect the existing socio-legal reality. The reason for this is the presence of dubious postulates underlying this or that model of criminal and law enforcement activities. Among such dubious postulates are the following postulates: the postulate that the behavior of the criminal is rational In reality, the behavior of the criminal is not always rational; 2 the postulate that the level of crime is inversely proportional to the magnitude of the costs of law enforcement (in other words, the higher the costs of law enforcement, the lower the level of crime, in reality, in some cases this is far from an obvious fact; 3 the damage from organized crime is always lower than the damage from unorganized crime, since the level of organized crime is allegedly lower than the level of unorganized crime, which is also far from obvious. Based on the analysis of individual postulates of the economic theory of crimes and punishments, it was concluded that the use of these postulates does not always lead to optimization the level of crime, because these postulates do not always adequately reflect the legal reality.

Features of property liability for environmental offenses

One of the main factors of sustainable development is the preservation of the environment and natural resources, which is impossible without a well-functioning system for preventing environmental offenses and eliminating their consequences. In this system, a special place belongs to the institution of responsibility. The work is devoted to the analysis of the features of property liability for environmental offenses, the establishment of its relationship with civil liability. As features of the responsibility under consideration, its “overcompensation nature” is highlighted, as well as the possibility of bringing the offender to “double” responsibility in the form of payment of monetary compensation and compensation for harm in kind. These features are explained by the nature of the benefits encroached upon by an environmental offense, as well as the need to overcome the costs of law enforcement associated with the problems of determining the amount of harm caused to the environment.The analysis allows us to conclude that property liability for environmental offenses, which has a number of specific features, nevertheless corresponds to the nature and features of civil liability, which allows us to apply to it the principles and mechanisms developed by civil law.

Cooperative federalism with Chinese characteristics

ABSTRACT In China, the dynamics of the central–local relations vary significantly within legislative, executive, and judicial branches. In the field of law enforcement oversight, signs of cooperative federalism have emerged, presenting a drastic contrast to the unitary system. The lacking of a legal basis to directly supervise local governments forces the National People’s Congress Standing Committee to actively seek cooperation from local governments. Three different approaches have been applied by the top legislature to achieve the goal. Easing the resistance from local governments through delegating the oversight power represents a move of compromise. Removing hurdles affecting law enforcement, reducing law enforcement cost, and soliciting suggestions on statutory revision from localities is a form of reciprocity. Eliminating local protectionism, enhancing cross-regional law enforcement, and sharing law enforcement experiences is an act of altruism.

Game theory-based stakeholder analysis of marine nature reserves and its case studies in Guangdong Province, China

Marine nature reserves (MNRs) play an important role in biodiversity conservation and ecosystem restoration, which are valuable for marine resource protection in China. Many stakeholders are involved in MNRs. The interactions between MNR managers and other stakeholders affect the effectiveness of MNR management. This work divided MNR stakeholders into three categories and applied the analytical hierarchy process (AHP) to identify the key stakeholders. The game model was set up to analyze the strategies of MNR staff and stakeholders. The situation of key stakeholders and management was studied in two MNRs in Guangdong Province through field research and questionnaires. The results showed that fishermen were the main stakeholders in the two cases. The strategies adopted by MNR staff to improve the efficiency of law enforcement and decrease the probability of illegal activities of fishermen are to increase penalties, improve the arrest rate of illegal activities, and reduce the cost of law enforcement per patrol. We suggested that the fishermen’s negative impacts could be minimized by establishing a market management system to reduce illegal earnings, a record-keeping system to share additional benefits only with the fishermen who comply with the law, and an association mechanism in the coastal province to control illegal fishing across provincial boundaries. Identifying key stakeholders and analyzing their relationships could be helpful to find out the best strategy for different MNRs. Building a community of shared interests among various stakeholders could be a promising way to resolve conflicts and improve management effectiveness in MNRs.

URGENSI PENJATUHAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DAN RELEVANSINYA DALAM PERSPEKTIF Hukum, HAK ASASI MANUSIA DAN HUKUM ISLAM

Indonesia as a country with the largest Muslim majority in the world, recognizes that the death penalty is appropriate and urgent in certain crimes or crimes that affect general problems, threaten human life and state problems. However, if based on the concept of capital punishment and narcotics crime, it can be concluded that it is necessary to study more than the urgency of imposing capital punishment on narcotics criminals. human beings to live and is contrary to the concept of the purpose of resocialization punishment so that the perpetrator can become a better person and can return to society. Through the problem the author then describes with a qualitative method, this method is a problem with social problems based on conditions of reality (real) and natural settings that complex and detailed, qualitatively trying to gain understanding, enlightenment on the phenomenon of research and exploitation in the same situation. because this crime causes passive victims, requires rehabilitation and law enforcement costs, destroys youth, and supports society and the state. In Islamic law, the term Qishash is known, which is an equal punishment for one person's actions against another person, in this case the death row inmates, where the main perpetrator has been executed by the death penalty for drug offenders, it is appropriate because they do damage to every aspect of life. nation and state.

Policy Intervention Effect Research on Pesticide Packaging Waste Recycling: Evidence From Jiangsu, China

Large quantities of pesticide packaging wastes have been thrown and abandoned in farmlands and surrounding environments, which is not only difficult to degrade but also posing a potential pollution threat to agricultural produce and the ecological environment due to the high concentration residues of pesticide. The Chinese government has formulated a series of policies and measures and established some recycling pilot provinces. However, the intervention effects of different kinds of policies on pesticide packaging waste recycling by farmers’ and its mechanism were still unknown. This study took the pilot province Jiangsu Province as the example, by using the game theory and propensity score matching (PSM) model to analyze and compare the intervention effects of three kinds of pesticide packaging waste recycling policies, that is, punish, subsidy and reward, and mortgage return. The results showed that the three kinds of policies all positively affected farmers’ recycling behaviors in the pilot area. The incentive effect of the punishment policy was the weakest, and the mortgage return policy was prominent with the recycling probability increasing 44.8% under a single policy. Based on these results, some policy suggestions were put forward as follows: improving farmers’ cognition of environmental pollution caused by pesticide packaging waste and their awareness of environmental protection, establishing the necessary administrative punishment policy, increasing financial support and improving the standard of recycling subsidies, and vigorously promoting the mortgage return recovery policy in areas where conditions permit. So as to stimulate the willingness of pesticide users to recover independently, the government should reduce the cost of administrative law enforcement and contribute to the construction of rural ecological civilization.

The Aggregate Cost of Crime in the United States

Estimates of crime’s burden inform public and private decisions about crime-prevention measures. More than counts of criminal offenses, the aggregate cost of crime conveys the scale of problems from crime and the value of deterrence. This article offers an estimate of the total annual cost of crime in the United States, including the direct costs of law enforcement, criminal justice, and victims’ losses and the indirect costs of private deterrence, fear and agony, and time lost to avoidance and recovery. The findings update crime-cost estimates of past decades while expanding the scope of coverage to include categories missing from past studies. The estimated annual cost of crime is $4.71–$5.76 trillion including transfers from victims to criminals and $2.86–$3.92 trillion net of transfers.

Assessment of government supervision on the loss of sea sand resource in China

Illegal mining activities on offshore sands have recently increased dramatically in China owing to the strong demand of the construction industry and restriction of river sand mining. By studying the loss mechanism of marine sand resources, this study proposes a simplified linear programming model to quantitatively analyse the control effects related to resource loss and law enforcement costs. To accurately simulate the effectiveness of law enforcement activity, a set of variables is designed in the model to describe the severity of illegal mining and enforcement skills of the officers. Subsequently, based on different settings of law enforcement capability, the model can not only make reasonable projections for sand losses but also provide a minimum cost solution for marine sand control for government agencies. Finally, various regulatory measurements and suggestions are discussed to improve the effectiveness of the government’s regularisation and cost optimisation for law enforcement.

Methods for Estimating Avoidable Costs of Excessive Alcohol Consumption.

Background: Alcohol is a risk factor with serious consequences for society and individuals. This study aims to present methods and approaches that might be used to estimate the costs related to excessive alcohol consumption. It emphasizes the need for general methods and approaches that are easily applicable, because the level of digitalization and data availability vary across regions. The lack of data makes many methods inapplicable and useless. The ease of applicability will help to make cost-of-illness studies and their results comparable globally. Methods: This study is based on data from the Czech Republic in 2017. Drinking alcohol results in costs of healthcare, social care, law enforcement, and administrative costs of public authorities. To quantify the cost of drinking in the Czech Republic, the top-down approach, bottom-up approach, human capital approach and attributable fractions were used. Results: In 2017, the cost related to alcohol was estimated at 0.66% of the national GDP. Lost productivity represented 54.45% of total cost related to alcohol. All cost related to alcohol is considered to be avoidable. Conclusions: The methods and approaches applied to estimate the cost of disease or any other health issue should be generalized regarding the availability of data and specifics of provided services to people who are addicted or have any kind of disability.

Evolutionary Game Research on the Impact of Environmental Regulation on Overcapacity in Coal Industry

Currently, the world is facing two significant challenges: low-carbon development and overcapacity. Government departments must reexamine their development strategy of energy industry. Implementing environmental regulatory policies and technological innovation can help alleviate coal industry’s overcapacity, while sustainable development requires joint actions of governments, enterprises, and the market. Based on the evolutionary game theory, this study constructs a tripartite evolutionary game model of local government, power industry, and coal enterprise. Under the premise of bounded rationality, the evolution path of each player in the game under the market incentive environmental regulation is analyzed, and the influence of the change of parameters of each player on the result is numerically simulated. The study found that strengthening environmental regulation by local governments is an inevitable choice to promote the transformation and upgrading of coal industry and power industry. In addition, reducing law enforcement costs and technological innovation costs are the fundamental point of the coordinated development of the three parties. Technological innovation in the power industry will reduce the probability of coal companies’ choosing clean production strategies, while seeking low-cost clean production technology and financial support is the key to coal companies’ optimization of production capacity.

Redrawing Hot Spots of Crime in Dallas, Texas

In this work we evaluate the predictive capability of identifying long term, micro place hot spots in Dallas, Texas. We create hot spots using a clustering algorithm, using law enforcement cost of responding to crime estimates as weights. Relative to the much larger current hot spot areas defined by the Dallas Police Department, our identified hot spots are much smaller (under 3 square miles), and capture crime cost at a higher density. We also show that the clustering algorithm captures a wide array of hot spot types; some one or two addresses, some street segments, and others an agglomeration of larger areas. This suggests identifying hot spots based on a specific unit of aggregation (e.g. addresses, street segments), may be less efficient than using a clustering technique in practice.

The Limit of Law: Factors Influencing the Decision to Make Harmful Acts Illegal

This paper examines factors affecting the decision of whether or not to make certain harmful acts illegal. It considers factors related both to the cost of law enforcement and to the crime commission decision. On the enforcement side, illegality is limited by the existence of fixed notice and response costs, which are unrelated to the harm from the act, and also by costs of imposing punishment. In addition, illegality is limited by a finite marginal productivity of detection, one cause of which is legal error. On the commission side, illegality is limited if all offenders have strictly positive benefits from committing the act. The paper concludes by examining how the optimal scope of law is affected by its expressive function, the idea that some people are deterred by the mere fact that an act is illegal. We specifically ask how the scope of law changes if more people behave in this way. The answer depends on whether efficient violations of the law are possible, which in turn depends on whether offenders' gains are counted in welfare.

Redrawing Hot Spots of Crime in Dallas, Texas

In this work we evaluate the predictive capability of identifying long term, micro place hot spots in Dallas, Texas. We create hot spots using a clustering algorithm, using law enforcement cost of ...

Quantifying the social costs and benefits of tobacco in Estonia

BackgroundThe tobacco cost literature has predominantly focused on estimating direct healthcare costs and productivity losses from morbidity and mortality. This study places a greater focus on the effects that arise...

CRIMINAL POLICY IN THE SHIPMENT OF FOREIGN FISHERMAN SHIPS IN THE PERSPECTIVE OF ECONOMIC ANALYSIS

The theft of fish resources in the Indonesian sea has caused huge losses to the fisheries sector in order to realize the welfare of the community. The Ministry of Maritime Affairs and Fisheries adopted a strict policy to eradicate illegal fishing through the act of sinking illegal fishing vessels. The magnitude of Indonesia's marine and fisheries wealth cannot be utilized optimally. Law enforcement is very important to deal with violations of law in Indonesian waters. One form of law enforcement is to implement policies such as sinking foreign vessels that steal fish in Indonesian waters while taking into account the efficiency and effect of deterrent effect on perpetrators of fish theft. The sinking policy of foreign fish-stealing vessels in Indonesian waters was pursued to secure the sea from looting by foreign parties. This policy will continue even though it could risk creating friction with the countries of origin of the foreign ship. Based on economic analysts on illegal fishing crimes, criminal fines can be used as an alternative to criminal punishment in addition to imprisonment in order to minimize operational costs of law enforcement.

Settlement of A Corruption Criminal Offence Based on the State's Financial Loss Value Using an Economic Analysis of the Law

The purpose of this research is analyze and find alternative models of arrangements for the resolution of corruption that are detrimental to the country's finances in the future based on economic analysis of the law. This research uses normative legal research methods with the statute approach, comparative approach, case approach and conceptual approach. The analytic technique of this research is using library research. The results showed that ineffectiveness and efficiency in law enforcement occur against corruption, the value of which is less than the cost of law enforcement. The researcher recommends a resolution model, first adopting a case resolution model which consists of a case resolution model outside the court proceeding with a modified transaction offer resulting from an economic analysis of the application of the law to the suspect, by creating a mechanism in a separate technical regulation and a restorative justice settlement model by modifying the application of the perpetrators' obligations for victims in the form of returning damages worth the amount that was corrupted, plus payment of the minimum fines stated in the law, and the value of indirect losses and the relative risk of law enforcement. Second Adopt a model of criminal implementation through the mechanism of payment of fines that are applied to traffic violations, by establishing a special current account set by the state and a mechanism of criminal social work to pay compensation for state losses. The deterrence and education effects of other communities can be stimulated through the imposition of an obligation to recover damages worth being corrupted; pay the minimum penalty stated in the law; pay for the relative risk of law enforcement; pay an indirect loss in the form of a difference in the difference in the amount of change in value of the corrupted state money calculated according to economic value when the legal process is in progress. Keywords: Alternative Models, Corruption Crime Settlement, Economic Analysis of the Law. DOI : 10.7176/JLPG/93-11 Publication date: January 31 st 2020