Law Enforcement Involvement Research Articles

Teenagers, Sexting, and the Law.

The phenomenon of teen sexting emerged as a result of the proliferation of digital technology. More than 40 studies have established that teen sexting occurs relatively frequently and is a rising trend, commensurate with the ubiquity of smartphone ownership in teens. Studies have shown that sexting is associated with incidences of increased sexual behavior. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. Separating consensual sexting from nonconsensual sexting and actual child pornography is a critical next step for law enforcement agencies and policy makers to catch up to technology. In this article, we argue that consensual teen-to-teen sexting does not warrant law enforcement involvement but rather is a health and education issue that is better addressed at home, in schools, and in primary care.

Special Needs, Special Solutions: Using Title II of the ADA and Behavioral Supports to Protect Students With Disabilities From Arrest

Students with disabilities are frequently arrested in K–12 public schools for misbehavior that would be better addressed with reasonable accommodations and behavioral support. Title II of the Americans with Disabilities Act (ADA) prevents discrimination by requiring that public entities modify procedures to allow individuals with disabilities to benefit from and participate in the entity’s programs, services, and activities. Despite this sweeping protection, some courts have held that Title II of the ADA does not apply during an arrest. This exception to ADA protection is particularly problematic when considering arrests in schools. Students with disabilities are at high risk: twenty-six percent of students arrested and seventy-five percent of students restrained have a disability. This Article takes the novel position that because arrests in a school setting do not pose the same risks as arrests in a community setting, Title II of the ADA should apply to arrests in a school setting. But Applying Title II of the ADA alone will not stop arrests. This Article goes beyond ADA protection and offers proactive solutions to curb misbehavior and prevent arrests. Schools are required by the Individuals with Disabilities Education Act (IDEA) to provide students with an Individualized Education Plan reasonably calculated to allow the student to make progress. A student is unable to progress when maladaptive behaviors interfere with learning and lead to arrests. Amendments to the IDEA requiring schools to implement policies and procedures for law enforcement involvement, and behavioral supports when a student’s behavior hinders learning, would reduce misbehavior, eliminate the need for law enforcement involvement, and reduce the number of arrests on school campuses.

Emergency Physicians' Familiarity with the Safe Handling of Firearms.

IntroductionEmergency physicians (EP) experience high rates of workplace violence, the risks of which increase with the presence of weapons. Up to 25% of trauma patients brought to the emergency department (ED) have been found to carry weapons. Given these risks, we conducted an educational needs assessment to characterize EPs’ knowledge of firearms, frequency of encountering firearms in the ED, and level of confidence with safely removing firearms from patient care settings.MethodsThis was a survey study of attending and resident EPs at two academic and four community hospitals in the Midwest and Northeast. A 26-item questionnaire was emailed to all EPs at the six institutions. Questions pertained to EPs’ knowledge of firearms, experience with handling firearms, and exposure to firearms while at work. We calculated response proportions and p-values.ResultsOf 243 recipients who received the survey, 149 (61.3%) completed it. Thirty-three respondents (22.0%) reported encountering firearms in the workplace, 91 (60.7%) reported never handling firearms, and 25 (16.7%) reported handling firearms at least once per year. Thirty-six respondents (24.0%) reported formal firearms training, and 63 (42.3%) reported no firearms training. There were no significant regional differences regarding firearms training or exposure. Residents from the Northeast were more likely to be moderately confident that they could safely handle a firearm prior to law enforcement involvement (p=0.043), while residents from the Midwest were more likely to be not at all confident (p=0.018).ConclusionThe majority of surveyed attending and resident EPs reported little experience with handling firearms. Among resident EPs, there was a regional difference in confidence in handling firearms prior to law enforcement involvement. Given the realities of workplace violence and the frequency with which firearms are encountered in the ED, further investigation is needed to evaluate provider competence in safely handling them. EPs may benefit from training on this topic.

Multidisciplinary Team Involvement and Prosecutorial Decisions in Child Sexual Abuse Cases

This study examines the impact of multidisciplinary teams (MDTs) coordinated by Children’s Advocacy Centers (CACs) on the prosecutorial decision to accept or reject cases of child sexual abuse (CSA). This analysis is part of an examination of the utility of CACs as it relates to prosecutorial decisions. Case specific information was obtained on all cases with both child protective services (CPS) law enforcement involvement processed through one Texas CAC, serving multiple counties, from 2010 to 2013. For the purposes of this study one county is listed as rural and one is listed as urban. The study site also unofficially serves several more rural counties. The urban county accounts for approximately 75% of all cases processed through the CAC. The final analyses included 553 cases of alleged CSA. Logistic regression was used to evaluate the utility of MDTs and case coordination among law enforcement and CPS as they relate to prosecutorial decisions. The number of participants at MDT meetings was correlated with an increase in prosecutorial acceptance rates by approximately 30%. Prosecutor presence at MDT meetings was correlated with an increase in acceptance rates by approximately 80%. Official case coordination between law enforcement and CPS was not statistically significant. Results of this study suggest that the MDT model provides a useful tool for prosecutors when determining whether to accept or reject cases of CSA, while official coordination may be less impactful.

P12 Law Enforcement Involvement and Traffic Safety Effectiveness: Findings from the National Highway Traffic Safety Administration׳s (NHTSA)׳s 2013 Countermeasures That Work

BackgroundRoad traffic injuries are the eighth-leading cause of death globally, and the leading cause of death for people ages 15 to 29 years. Conventional approaches to traffic safety interventions in the United States are based on the three pillars of engineering, enforcement, and education. Law enforcement has gained popularity in traffic safety as a result of high-visibility enforcement campaigns. However, there is mixed evidence for the effectiveness of law enforcement interventions in reducing motor vehicle crashes. This study seeks to evaluate the role of law enforcement in countermeasure effectiveness. MethodsData from the U.S. National Highway Traffic Safety Administration׳s (NHTSA) 2013 Countermeasures That Work was examined. Countermeasures were coded by an expert reviewer to indicate whether the countermeasure required any law enforcement involvement to implement. NHTSA rated each countermeasure on a one- to five-star scale in terms of effectiveness. The NHTSA-rated effectiveness of countermeasures and involvement of law enforcement were cross-tabulated. Spearman׳s rho was calculated to assess the magnitude of the association between law enforcement involvement in a countermeasure and its rated effectiveness. ResultsThere were a total of 116 countermeasures rated. The expert coder indicated that 43% of total countermeasures required law enforcement involvement to implement. Of the countermeasures with law enforcement involvement, 43% were rated 4 or 5 stars. In contrast, 19% of countermeasures that did not involve law enforcement were rated 4 or 5 stars. The effectiveness ratings of programs tended to be higher for programs that had law enforcement involvement than those that did not, Spearman׳s ⍴=.30, p=.002. ConclusionsActing on traffic safety interventions is part of the larger process of building healthy communities while reducing unnecessary morbidity and mortality. This evaluation of the evidence suggests that countermeasures that involve law enforcement tend to be more effective than those that do not. Further analyses will be conducted to examine associations between the type of road safety issue addressed by the countermeasure, the rated effectiveness of the countermeasure, the role of legislation in countermeasure implementation, and possible interactions between legislation and enforcement on program-rated effectiveness.

Police Reporting Practices for Sexual Assault Cases in Which “The Victim Does Not Wish to Pursue Charges”

Prior research examining sexual assault case attrition has focused on the processing of cases across the justice system. Studies have examined arrest decision making and prosecutorial decision making in an attempt to better understand where and when cases drop out of the system. Less explored are police reporting practices during the initial stage of processing for cases in which the officer stated that the victim chose to drop her case. We addressed this gap in the literature by reviewing law enforcement incident reports at their onset, specifically; we examine reports of cases in which the officer reported the victim chose to drop the case. Results indicated that of the 125 cases of sexual assault reported to the police, 41 reports (32.8%) stated that the victim decided to no longer pursue charges. However, few police reports (30.2%) provided a clear rationale for why the victim decided to no longer pursue charges. Results of this study call for more standardized police reporting practices and point to the need for future research into the initial stage of law enforcement involvement in adult sexual assault cases.

Law enforcement attitudes toward overdose prevention and response

BackgroundLaw enforcement is often the first to respond to medical emergencies in the community, including overdose. Due to the nature of their job, officers have also witnessed first-hand the changing demographic of drug users and devastating effects on their community associated with the epidemic of nonmedical prescription opioid use in the United States. Despite this seminal role, little data exist on law enforcement attitudes toward overdose prevention and response. MethodsWe conducted key informant interviews as part of a 12-week Rapid Assessment and Response (RAR) process that aimed to better understand and prevent nonmedical prescription opioid use and overdose deaths in locations in Connecticut and Rhode Island experiencing overdose “outbreaks.” Interviews with 13 law enforcement officials across three study sites were analyzed to uncover themes on overdose prevention and naloxone. ResultsFindings indicated support for law enforcement involvement in overdose prevention. Hesitancy around naloxone administration by laypersons was evident. Interview themes highlighted officers’ feelings of futility and frustration with their current overdose response options, the lack of accessible local drug treatment, the cycle of addiction, and the pervasiveness of easily accessible prescription opioid medications in their communities. Overdose prevention and response, which for some officers included law enforcement-administered naloxone, were viewed as components of community policing and good police-community relations. ConclusionEmerging trends, such as existing law enforcement medical interventions and Good Samaritan Laws, suggest the need for broader law enforcement engagement around this pressing public health crisis, even in suburban and small town locations, to promote public safety.

How Do Abused Elderly Persons and Their Adult Protective Services Caseworkers View Law Enforcement Involvement and Criminal Prosecution, and What Impact Do These Views Have on Case Processing?

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.

Retailers’ views of tobacco policy and law enforcement

Aims: Tobacco retailers are in a unique position to implement policies that can influence sales and ultimately tobacco use, so the present survey explored retailers’ tobacco policies, involvement and problems with law enforcement, and pessimism about whether youth will obtain tobacco products.Methods: 144 randomly selected tobacco retailers (30.1% return rate) in Mississippi, USA, completed a 2-page questionnaire about their store tobacco policies.Findings: Present retailers, on average, endorsed fewer than half of eight commonly-adopted tobacco access policies. Significantly fewer anti-tobacco policies were complied with when those responding (a) were owners rather than managers, (b) worked at convenience stores rather than grocery stores, (c) had no law-enforcement involvement rather than some, and (d) had 18+ years of retail experience rather than less. Policy correlated significantly with law-enforcement involvement, but not significantly with tobacco-enforcement problems or pessimism about youth tobacco sales.Conclusions: By their own self-report, there is considerable room for improvement in retailers’ youth tobacco access policies. Individually-owned, convenience stores, where the owner has lots of retail experience, have few tobacco policies. They may be a particularly appropriate targets for educational efforts.

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.

State Medical Board Members’ Beliefs About Pain, Addiction, and Diversion and Abuse: A Changing Regulatory Environment

Three national surveys were conducted in 1991, 1997, and 2004 to evaluate state medical board members' knowledge and attitudes about prescribing opioid analgesics for pain management. Topics addressed include perceived legality of prolonged opioid prescribing, characteristics of addiction, prevalence of medication abuse and diversion, and perceived importance and influence of medical board policy. Questions were added in 2004 to determine board members' views about law enforcement involvement in physician investigations and prosecutions. This study assesses medical regulators' current beliefs and compares the 2004 responses with previous responses to determine how knowledge and attitudes about prescribing opioids have changed in recent years. Survey results show that board members have a greater understanding of pain management issues, particularly regarding characteristics of addiction and the legality of prolonged opioid prescribing for chronic noncancer pain. During the last 15 years, there has been substantial regulatory policy development, with medical boards adopting regulations, guidelines, or policy statements to provide guidance to licensees about using opioids to treat pain. However, many board members believe that federal and state law enforcement agencies have increased criminal investigations and prosecutions of physicians. We discuss appropriate regulatory and law enforcement responses to opioid prescribing violations, and suggest crucial next steps. The authors examine the evolution of state medical board members' knowledge and attitudes about prescribing opioid analgesics to treat chronic pain, demonstrate that medical regulators believe that there have been increased criminal investigations and prosecutions of physicians for their prescribing practices, and suggest ways to avoid unwarranted criminal prosecutions.

Policing the drunk driver: Measuring law enforcement involvement in reducing alcohol-impaired driving

Introduction With many thousands of deaths still annually attributable to driving under the influence (DUI), it remains imperative that we continually address the problem of producing and sustaining effective countermeasures, and that we subject these efforts to empirical scrutiny. This article presents relevant findings from state-wide datasets. Results A formula generating a potentially useful metric for assessing aspects of the DUI prosecutorial chain is presented, focusing on the rate of proactive DUI arrests. While in need of cautious interpretation due to issues of inherent inaccuracies in large databases, small numbers of crashes and/or arrests in multiple jurisdictions, and the lack of replication in other states, the analyses show no relationship between the level of DUI arrest activity and DUI-related crashes. This finding brings into question the efficacy of the many millions of dollars devoted each year to targeted DUI enforcement, as it is currently being implemented. Conclusions Results are discussed in terms of developing adequate disincentives to DUI so as to raise general deterrence via dramatic increases in proactive DUI enforcement and then engaging in pervasive and persistent social marketing of such efforts to maximize the perception that arrest and punishment for DUI is always imminent, that penalties will be swift, certain, and severe. It is echoed that accurate data need to be collected at all levels of the DUI arrest and prosecution process in every jurisdiction within a state, so as to facilitate the empirical assessment of countermeasure efficacy in reducing alcohol-related crashes. Impact on Industry Given that this work needs to be replicated, the impact on the traffic safety industry is potentially huge. The present data indicate that law enforcement efforts to further abate DUI-related crashes are apparently ineffective, though likely necessary to maintain reductions achieved in the 80s and early 90s. Thus, to attain additional systematic reductions, a dramatic increase in enforcement will be necessary as will a diversification of abatement efforts, including an increase in aggressive social marketing tactics to positively impact our traffic safety culture by making DUI universally unacceptable (for a discussion of this latter issue and on the use of positive reinforcement to change driver behavior, see Dula & Geller, 2007).

Service Outcomes in Physical and Sexual Abuse Cases: A Comparison of Child Advocacy Center-Based and Standard Services

Child Advocacy Centers (CACs) were developed to improve on child abuse investigative services provided by child protective service (CPS) agencies. However, until very recently, there has been little research comparing CAC-based procedures and outcomes to those in CPS investigations not based in CACs. The current study tracked 76 child abuse cases that were reported to authorities and investigated through either a private, not-for-profit CAC or typical CPS services in a mid-south rural county. Comparisons between CAC and CPS cases were made in terms of involvement of local law enforcement in the investigation, provision of medical exams, abuse substantiation rates, mental health referrals, prosecution referrals, and conviction rates. Analyses revealed higher rates of law enforcement involvement, medical examinations, and case substantiation in the CAC-based cases compared to the CPS cases. Despite limitations due to sample size and non-randomization, this study found preliminary support for the assumptions underlying the establishment of CACs.

Advancing the Field of Elder Mistreatment: A New Model for Integration of Social and Medical Services

The purpose of this work is to describe the development and operation of a new model for integration of medical and social services. The Vulnerable Adult Specialist Team (VAST) provides Adult Protective Services (APS) and criminal justice agencies with access to medical experts who examine medical and psychological injuries of victims of elder abuse. This retrospective, descriptive analysis included community-dwelling elders and adults with disabilities who were reported for mistreatment and referred to VAST (n = 269). Most cases came from APS for mental status and physical examination for evidence of abuse. Cases referred to a medical response team (n = 269) were significantly different from cases that were not referred (n = 9,505). Ninety-seven percent of those who referred cases to VAST indicated that the team was helpful in confirming abuse, documenting impaired capacity, reviewing medications and medical conditions, facilitating the conservatorship process, persuading the client or family to take action, and supporting the need for law enforcement involvement. As a result, VAST has become institutionalized in our county. Amenable to replication, medical response teams for elder abuse may be useful in other counties across the nation.

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.