Law Enforcement Perspective Research Articles

Justice Department Independence and White House Control

Problematic relations between the White House and the U.S. Department of Justice stand out amidst the broader tumult of President Donald Trump’s first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional duty and contact would be appropriate from a law enforcement perspective. A number of episodes, however, suggest that the President and senior administration officials have not honored the spirit, and in some cases the letter, of that contacts policy. One of the frequent criticisms leveled against President Trump is that he disregards many norms and traditions that have been observed by presidential administrations of both parties for decades. Restrictions on White House interference in criminal investigations do not merely protect norms. Rather, those policies also seek to prevent unconstitutional conduct by the President and his political appointees. This Article demonstrates that political interference by the President undertaken in bad faith could violate the Take Care Clause even in the absence of a criminal statute. Obstructive behavior is even worse. Whether or not the President is indictable for the commission of a statutory criminal offense of obstruction of justice during his tenure in office, this Article explains why the President may violate the Take Care Clause independently of criminal offenses. A principle of political noninterference by the White House in the federal prosecution function in particular matters is consistent with Article II. Neither the Vesting Clause, the President’s position atop the Executive Branch, nor the President’s broader enforcement discretion defeat the anti-interference principles commanded by the Presidential Oath and the Take Care Clause. It is a question that goes to the very concept of Rule of Law itself. However, political processes, rather than justiciable legal proceedings, serve as the presumptive source of Take Care Clause enforcement as to White House-Department relations.

Taxi, Ride-Sourcing and Ride-Sharing Services – Background Note by the Secretariat

Traditional taxi services – together with other providers – constitute a crucial part of the urban transportation environment. Over the last 10 years the emergence of ride-sourcing and ride-sharing platforms put under competitive pressure the activity of traditional taxis. While these new services provide clear benefits to consumers, they largely operate outside of any regulatory framework, raising new questions for regulators and competition law enforcers. This note looks at the rules that apply to traditional taxis which might need reviewing in light of digitalisation. Technological developments have affected several aspects of the pre-booked and street-hailing segment, perhaps removing the need for some common regulations. Regulators have the opportunity to review existing rules, softening (or abolishing) those whose original justifications are not valid anymore. However, technological development may not solve some of the market failures affecting the sector. Thus, while some changes to the regulation of traditional taxis would help to establish a level playing field and increase competition in the market, some rules might need to be applied to new providers as well. Competition between traditional taxis and new services has also been at the top of National Competition Authorities’ (NCA) agenda. These have exerted a significant effort to enrich the discussion thorough their advocacy activity. A common point of view emerges from their work, as all the NCAs highlight the priority of recognising – and not banning – the new providers in order to increase competition in the market. The paper also analyses the role of new providers from a competition law enforcement perspective. Although competition law cases regarding ride-sourcing and ride-sharing services are very limited in number, growing volume of such services, their two-sided nature and issues related to big data pose potential challenges to competition authorities. This note discusses some of the issues NCAs might face in the future.

A Commentary From a Law Enforcement Perspective on The Witch-Hunt Narrative by Ross E. Cheit.

As a result of his assignment to the Federal Bureau of Investigation (FBI) Behavioral Science Unit, the author consulted on and has firsthand knowledge of most of the cases discussed in Cheit's book. He came to believe that there is a middle ground. Some of what victims allege may be true and accurate, some may be misperceived or distorted, some may be symbolic, and some may be contaminated or false. The problem and challenge, however, is to determine which is which. He basically agrees with much of what Cheit sets forth about seeds of truth in many allegations. He has concerns about some confusing and inconsistent definitions. What was and is referred to by many as the backlash can be confused with what Cheit refers to in his book as the witch-hunt narrative. Many professionals, including possibly Cheit, do not seem fully aware of the wide diversity of ways in which children are sexually victimized. The author believes that any delayed reporting and minimization of recent cases involving the Catholic priests and Penn Sate have more to do with inaccurate stereotypes perpetuated by child abuse idealists than some witch-hunt narrative. From a law enforcement perspective, more benefit would have come had Cheit's extensive research focused more on documenting how allegations became so bizarre and inaccurate and less on the alleged far-ranging harm caused by the witch-hunt narrative. In the author's opinion, it is that process and not the witch-hunt narrative that caused most of the long-term damage discussed.

Law Enforcement Views on Sex Offender Compliance with Registration Mandates

This exploratory mixed-methods study utilized data from 101 semi-structured interviews and a nationwide survey (n = 765) to examine law enforcement perspectives on sex offender compliance with registration obligations. Specifically, law enforcement views were explored regarding the definitions and frequency of non-compliance, its underlying reasons or causes, and challenges and practices relating to its detection and management. Findings indicated that defining sex offender non-compliance with registration mandates is no simple task, but underscored the need to differentiate between purposeful and intentional forms of non-compliance and those that are less so. Data also support prior research indicating that few sex offenders truly abscond, and that most non-compliers are easily located. Detection of registration violators occurs through a number of means, and officers rely on community members, fellow law enforcement agents, and supervision partners to help monitor and manage their registrants. Variation exists between and within jurisdictions in terms of definitions, compliance management practices, and enforcement strategies. Translated into the domains of policy and practice, findings suggest that, rather than framing non-compliance under a single umbrella of “failure to register,” law enforcement efforts might be enhanced through improved typologies of non-compliance that can help to prioritize the use of enforcement resources.

Collateral Consequences and Effectiveness of Sex Offender Registration and Notification: Law Enforcement Perspectives.

A growing body of research has examined the collateral effects of sex offender registration and notification (SORN), particularly those related to offenders' social and economic reintegration into society. Although studies have examined public, offender, treatment provider, and other criminal justice perspectives on SORN's collateral impacts, few have elicited the views of law enforcement (LE) professionals who have contact with registered offenders. This study presents results from a mixed method study examining LE perspectives on collateral consequences and effectiveness of SORN. Results indicate that, although overall LE concern regarding collateral impacts is limited, those who are most engaged in SORN-related duties are significantly more likely to indicate such concern, and also more likely to believe that SORN was an effective public safety tool. Importantly, respondents in states with larger registries expressed greater concern over collateral consequences, and less belief in SORN's public safety efficacy. Implications for policy and practice are discussed.

Law Enforcement Perspectives on Sex Offender Registration and Notification: Effectiveness, Challenges, and Policy Priorities

Since the 1990s, sex offender registration and notification (SORN) has assumed a prominent place on state and federal crime control agendas in the United States. Although researchers have examined many aspects of SORN policies and systems, relatively little is known about how SORN is used, perceived, and experienced by law enforcement professionals in the context of their work. This article presents findings from a mixed-method study, consisting of face-to-face interviews and a national online survey of police and sheriff agencies. We examined law enforcement views on SORN’s general functions and efficacy, barriers to SORN effectiveness, and recommendations for SORN-related policy. Results highlight the challenges associated with SORN’s various functions as a law enforcement information tool, as an offender monitoring mechanism, and as a conduit of public information. They also indicate differences between the perspectives of agency leadership and those on the front lines of registry enforcement and management, as well as a range of concerns associated with the reliability and utility of registry information, inter-system communication, registrant homelessness and transience, and the public’s capacity to understand registry information. Implications for policy reform and for SORN-related research are discussed.

Analysis of illicit drugs in wastewater – Is there an added value for law enforcement?

Assessing illicit drug use through the analysis of wastewater is progressively being integrated into existing methods used to monitor the epidemiology of drug use. However, the approach's potential to deliver pertinent information for law enforcement has been discussed only limitedly. Thus, this work focuses on evaluating the added value of the approach from the perspective of law enforcement. Results from wastewater analysis carried out in two cities in Switzerland were scrutinised, taking into account intelligence derived from the work of drug enforcement in the area. Focus was set on three substances, namely cocaine, heroin and methamphetamine. Findings show that results from wastewater analysis can be used by law enforcement to assess the market share held by criminal groups. Combined with intelligence resulting from police work (e.g., investigations and informants), wastewater analysis can contribute to deciphering the structure of drug markets, as well as the local organisation of trafficking networks. The results presented here constitute valuable pieces of information, which can be used by law enforcement to guide decisions at strategic and/or operational levels. Furthermore, intelligence gathered through investigations and surveillance constitutes an alternative viewpoint to evaluate results of wastewater analysis.

A Forensic Approach for Data Acquisition of Smart Phones to Meet the Challenges of Law Enforcement Perspective

As the mobile devices grown popularity in everyday life, they are often vulnerable in security and privacy. Mobile device such as Cell Phones, Personal Digital Assistance (PDA) and Satellite phones have become essential tool in our personal and professional lives. These devices serves for user as Target, Storage and Communication medium by which user can able to perform various tasks such as send and receive SMS, MMS, Email, multimedia files, storing audio, video, text, image files and also make and receive calls. When mobile phone involved in criminal activity extraction of this Electronic/Digital evidence becomes ‘Gold Mine’ of intelligence and evidence about ‘Who knows Who, What has Happened, What is being discussed and even what may happen in the future and the right use of this extracted evidence become important in judicial process that significantly helps in case hearing.

Analyzing Hotspots of Crime Using aBayesian Spatiotemporal Modeling Approach: A Case Study of Violent Crime in theGreaterTorontoArea

Conventional methods used to identify crime hotspots at the small‐area scale are frequentist and employ data for one time period. Methodologically, these approaches are limited by an inability to overcome the small number problem, which occurs in spatiotemporal analysis at the small‐area level when crime and population counts for areas are low. The small number problem may lead to unstable risk estimates and unreliable results. Also, conventional approaches use only one data observation per area, providing limited information about the temporal processes influencing hotspots and how law enforcement resources should be allocated to manage crime change. Examining violent crime in theRegionalMunicipality ofYork,Ontario, for 2006 and 2007, this research illustrates aBayesian spatiotemporal modeling approach that analyzes crime trend and identifies hotspots while addressing the small number problem and overcoming limitations of conventional frequentist methods. Specifically, this research tests for an overall trend of violent crime for the study region, determines area‐specific violent crime trends for small‐area units, and identifies hotspots based on crime trend from 2006 to 2007. Overall violent crime trend was found to be insignificant despite increasing area‐specific trends in the north and decreasing area‐specific trends in the southeast. Posterior probabilities of area‐specific trends greater than zero were mapped to identify hotspots, highlighting hotspots in the north of the study region. We discuss the conceptual differences between thisBayesian spatiotemporal method and conventional frequentist approaches as well as the effectiveness of thisBayesian spatiotemporal approach for identifying hotspots from a law enforcement perspective.

Exploring Stakeholder Perceptions of Facilitators and Barriers to Using Needle Exchange Programs in Yunnan Province, China

Injection drug use is an ongoing urban health crisis in China and one of the largest drivers of the transmission of HIV/AIDS. Sentinel surveillance sites in Yunnan province show upwards of 20% of injection drug users (IDUs) are HIV positive. Though the Ministry of Health has scaled-up needle exchange programs (NEPs), they have not received official government recognition nor have they been extensively evaluated to explore factors influencing their acceptability and feasibility. Using in-depth qualitative interviews conducted from February to July 2008 with 35 participants consisting of IDUs and other key stakeholders, we explored facilitators and barriers to accessing needle exchange programs in Kunming, the capital of Yunnan province. Content analysis was conducted to identify themes including attitudes toward NEPs and harm reduction, barriers to access, and suggestions for improvement. Themes that emerged included fears of breached confidentiality and police interference at the exchange sites and tensions between the public health and law enforcement perspective. Low levels of NEP-related knowledge and awareness were uniformly reported among interviewees. Suggestions to facilitate an increase in NEP acceptance included raising awareness of harm reduction and HIV more generally, offering services such as psychological counseling, job training and behavioral therapy at NEPs, and increasing communication between police, government, and public health officials. High rates of HIV infection among injection drug users in China have prompted rapid scale up of NEPs. Additional adaptations are necessary, however, to increase needle exchange use among injection drug users. This study finds that an urgent need to raise awareness of NEPs among policy makers and IDUs and act upon identified steps for developing social-structural interventions to create enabling environments that facilitate increased access to NEPs among injection drug users in Kunming.

Current challenges and problems in the field of new psychoactive substances in Germany from a law enforcement perspective

Over the last few years, a range of so-called new psychoactive substances (NPS) have established themselves on the German recreational drug scene, causing increased concern. At the same time, a great number of Internet shops have come into existence offering these substances for sale online, ensuring a high level of availability. A number of these substances derived from pharmaceutical research which did not result in marketing authorization, presumably due to unfavourable properties. There are hardly any reliable data on long-term health damage, addictive potential, and other aspects of these scientifically unexplored substances. A number of fatal intoxications have also become known. As a rule, the mostly young consumers do not know what substance they are taking and in what concentration, thus exposing themselves to incalculable health risks and consequences. The punishability of the handling of NPS depends on the actual content: the Narcotic Drugs Act (BtMG) is applicable if a product contains narcotic drugs. If similarly effective substances are contained, which are not classified as narcotic drugs, the (penal) provisions of the Medicinal Products Act might be applicable, if the product has a pharmaceutical effect. Experience gained so far has shown that manufacturers of these intoxicating substances react immediately to inclusions in the German BtMG and put new substances on the market which are chemically similar to the known substances thus circumventing legislation. In view of the immense variety of NPS and the enormous profits derived from their sale, an end to this development is not in sight.

Managing the technical resource capability of cybercrime investigation: a UK law enforcement perspective

This article discusses the challenges faced by law enforcement agencies when investigating cybercrime. The article presents the technical investigation roles necessary for cybercrime policing in a resource capability matrix. Adopting a standard resource capability framework across the wider law enforcement community will assist in the development of common policies and procedures, and will maximize the efficiency and effectiveness of cybercrime investigation in a shrinking global economy.

Bath salts-induced delirium and brief psychotic episode in an otherwise healthy young man.

Bath salts-induced delirium and brief psychotic episode in an otherwise healthy young man.

Exploring links between juvenile offenders and social disorganization at a large map scale: a Bayesian spatial modeling approach

This paper adopts a Bayesian spatial modeling approach to investigate the distribution of young offender residences in York Region, Southern Ontario, Canada, at the census dissemination area level. Few geographic researches have analyzed offender (as opposed to offense) data at a large map scale (i.e., using a relatively small areal unit of analysis) to minimize aggregation effects. Providing context is the social disorganization theory, which hypothesizes that areas with economic deprivation, high population turnover, and high ethnic heterogeneity exhibit social disorganization and are expected to facilitate higher instances of young offenders. Non-spatial and spatial Poisson models indicate that spatial methods are superior to non-spatial models with respect to model fit and that index of ethnic heterogeneity, residential mobility (1 year moving rate), and percentage of residents receiving government transfer payments are, respectively, the most significant explanatory variables related to young offender location. These findings provide overwhelming support for social disorganization theory as it applies to offender location in York Region, Ontario. Targeting areas where prevalence of young offenders could or could not be explained by social disorganization through decomposing the estimated risk map are helpful for dealing with juvenile offenders in the region. Results prompt discussion into geographically targeted police services and young offender placement pertaining to risk of recidivism. We discuss possible reasons for differences and similarities between the previous findings (that analyzed offense data and/or were conducted at a smaller map scale) and our findings, limitations of our study, and practical outcomes of this research from a law enforcement perspective.

The EU Legal Framework on Trafficking in Human Beings: Where to from here – the UK Perspective

The European Union (EU)’s current provisions on the trafficking in human beings (THB) are provided for, inter alia, in Council Framework Decision 2002/629/JHA. The Council of Europe have more recent provisions in this area, which are not yet widely in force. The EU has some major proposals for reform of its legal framework in the Stockholm Programme, to include the appointment of an EU Anti-Trafficking Coordinator. In addition, the focus of EU Justice and Home Affairs is shifting to the external relations of the EU under the Stockholm Programme. A critical examination of the EU legal framework in the area of THB from a law enforcement perspective is therefore timely. THB is a highly contentious and complicated area for regulation, with issues such as the support of the victims of trafficking, the particular needs of under-aged trafficked individuals, and the issues of due process when a witness may not be considered to be reliable during court proceedings, complicating operations and prosecutions. In addition the issue of illegal immigration adds a further layer of complication, with the UK maintaining its opt out from the EU’s illegal immigration provisions. This article will, focus on the illegal trafficking of adults against their will, and the consequences of this crime, in particular, for the UK law enforcement authorities.

Responding to Crime Victims with Disabilities: The Perspective of Law Enforcement

This focus group study identified methods and techniques to improve the criminal justice system's response to crime victims with disabilities. Twenty-five city and county law enforcement officers from two northwestern settings participated in focus groups. A police officer co-facilitated the groups. Results indicate increased vulnerability of people with disabilities and explain barriers law enforcement faces in its service to crime victims with disabilities. Researchers, the disability community, and law enforcement need to work together to develop and implement efficient, effective, and realistic methods to improve the response of the criminal justice system to the victimization of people with disabilities.

Neonaticide: A Comprehensive Review of Investigative and Pathologic Aspects of 55 Cases

Analysis of neonaticide cases from a law enforcement perspective is virtually non-existent in the research literature. Nonetheless, law enforcement and prosecutors face unique challenges when investigating and prosecuting neonaticide; and a specialized, informed approach is necessary. By highlighting the crime scene characteristics and autopsy findings of 55 neonaticide victims, the authors hope to assist the law enforcement and legal communities in their neonaticide investigations. Specifically, this article clarifies how neonaticide occurs by chronologically examining the pregnancy, the birth and death of the infant, the subsequent crime scene (or scenes) and the pathological findings. The article also highlights the potential challenges that may arise during investigation and prosecution of these cases in addition to providing the forensic community with recommended investigative techniques.

A street‐drug elimination initiative: the law enforcement perspective

PurposeThe purpose of this study is to elucidate the elements, developmental stages, and operational steps of an open‐air drug market intervention employed in two North Carolina communities in an effort to produce a model that can be duplicated by other law enforcement agencies.Design/methodology/approachA systematic and practitioner‐informed analysis of the steps and stages of the initiative is presented here. Law enforcement partners at the command and operational levels collectively contributed their voices to the synthesis of this model. Through purposive sampling, 13 key law enforcement stakeholders from the two police departments in North Carolina participated in semi‐structured interviews conducted by a member of the research team. The interviews were transcribed and analyzed to extract participants' perceptions and recommendations regarding the intervention.FindingsBased on analyses of the interviews, the street‐drug elimination strategy has been synthesized into several major steps. This paper elucidates the elements, developmental stages, and operational steps of the intervention.Research limitations/implicationsThis paper underscores important ingredients of the intervention and presents a model for other police departments to implement. Further examination of the strategy is necessary including research on improving the intervention, clarifying the factors that moderate the strategy's effectiveness, explicating the roles and perceptions of non‐law enforcement partners and examining the continued impact of the initiative.Originality/valueThe paper illustrates that this intervention has shown promise in reducing drug and violent crime associated with open‐air drug markets and the research is of value to other police agencies that desire to implement this intervention.

P02-30 - Current trends in nonmedical use of prescription extended-release amphetamines and methylphenidate

ObjectiveTo examine rates of nonmedical use (NMU) of prescription extended-release (ER) amphetamines and ER methylphenidate, relative to availability.MethodsPrescribing data were acquired from IMS Health. Data relevant to ER amphetamine and ER methylphenidate were collected from two studies in the RADARS® (Researched Abuse, Diversion and Addiction-Related Surveillance) System (Q3 2007-Q2 2009). First, the Drug Diversion System provides a law enforcement perspective based on surveys of diversion investigators throughout the US. Second, the Poison Center System provides data on exposures to prescription drugs based on spontaneous calls. RADARS System data are presented as rates per 1,000 Unique Recipients of Dispensed Drug (URDD) to account for drug availability.ResultsFrom July 2007-June 2009, 18,315,404 prescriptions were filled for ER amphetamines, 26,674,152 for ER methylphenidate. RADARS System Drug Diversion trends nearly overlap for ER amphetamine and ER methylphenidate, relative to URDD (running average of 0.042 vs. 0.024 drug diversion reports per 1,000 URDD). Similarly, trends in RADARS System Poison Center calls are generally similar for ER amphetamine and ER methylphenidate, although ER amphetamine trends slightly lower (running average of 0.15 vs. 0.22 intentional exposures per 1,000 URDD).ConclusionsTrends from the US RADARS System, which controls for utilization rates, suggest diversion and poison center call rates are similar for ER amphetamine and ER methylphenidate.Supported by funding from Shire Development Inc.

Improving fishery law enforcement in marine protected areas

There are several international and European legal instruments which provide a legal basis for the establishments of marine protected areas (MPAs) for the purpose of improving fishery management in the marine environment. Nevertheless, the effectiveness of MPAs remains open to debate and considerable attention is now focussed at international and European levels on how to improve the enforcement of regulations in MPAs. In this context, there is little doubt but that monitoring, control and surveillance (MCS) are indispensable tools for improving law enforcement and compliance in such areas. Indeed, recent experience in the European Union suggests that the effectiveness of MCS ought to be a primary consideration when designated areas to be protected in the marine environment. Accordingly, the aim of this article is to focus on some of the difficulties that must be overcome in order to improve the effectiveness of MCS in MPAs. Particular emphasis is placed on the problems that stem from the absence of common definitions regarding the characteristics of the area to be protected, the absence of harmonisation of MCS in such areas, as well as the problems that stem from practical considerations such as the size, shape and location of MPAs. The article also reviews basic fishery enforcement measures which can improve the effectiveness of MPAs including: hydrofencing, special fishing permits, one gear rule, as well as specific monitoring systems and security enforcement zones. Although the total harmonisation of regulatory measures is desirable from a law enforcement perspective, the article nonetheless concludes that it is also possible to have specific MCS solutions tailored to meet the characteristics of the area that needs to be protected.