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Date: April 29, 2024 Mon
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30 results foundAuthor: Fouche, Henri Title: Policing piracy and armed robbery of ships in South Africa's territorial waters and contiguous zone. Summary: This dissertation focuses on the policing of piracy and armed robbery against ships in South Africa's territorial waters and continguous zone. The study examines the phenomena not only in South Africa but throughout the African region, because piracy is a transnational crime which constitutes a security threat to the entire African continent. The nature and extent of piracy and armed robbery is determined as well as the consequences thereof on South African national interest. The meaning and nature of policing is examined and the effect of prevailing policing procedure, legislating, enforcing, preventing and partnershipping in the policing of piracy and armed robbery is analyzed. Details: Pretoria, South Africa: Faculty of Humanities, Tshwane University of Technology, 2006, 253p. Source: Doctoral Dissertation Year: 2006 Country: South Africa URL: Shelf Number: 117599 Keywords: AfricaArmed Robbery Against ShipsLegislationPiracy/PiratesPolicing |
Author: Hechler, Hannes Title: Can UNCAC address grand corruption? A political economy analysis of the UN Convention against Corruption and its implementation in three countries Summary: The political economies of many developing countries are characterised by varying degrees of patronage and state capture, a reality that has far-reaching implications for measures addressing corruption. Political strategies in such contexts often include maintaining political and economic power through personalised relations and seeking to influence political decisions for the benefit of an individual or group. Gaining and retaining power within these systems is a resource-intensive process, and corruption is a common way to sustain extensive power networks. This report asks whether this insight has found its way into one of the most important current anticorruption instruments, the United Nations Convention against Corruption (UNCAC). Analysis of the Convention itself and implementation efforts in Bangladesh, Indonesia and Kenya suggest that UNCAC is only partly suited to address the political nature of corruption, especially if not complemented by further reform measures. Details: Norway: U4/CMI Chr. Michelsen Institute, 2011. 86p. Source: U4 Report: Internet Resource: Accessed on January 31, 2012 at http://www.u4.no/publications/can-uncac-address-grand-corruption/downloadasset/2222 Year: 2011 Country: International URL: http://www.u4.no/publications/can-uncac-address-grand-corruption/downloadasset/2222 Shelf Number: 123885 Keywords: BangladeshCorruptionIndonesiaKenyaLegislationUnited Nations |
Author: Badenhorst, Charmain Title: Legal responses to cyber bullying and sexting in South Africa Summary: Very little is known about the true extent of cyber bullying and sexting in South Africa – two relatively new phenomena. The occurrence of cyber bullying and sexting has increased along with increased access to and usage of electronic communication technology. Both adults and children are therefore at risk of participating in or being exposed to these practices. It is important to examine the legal responses to cyber bullying and sexting in the South African context since some of these acts may result in the commission of criminal offences or lead to civil actions. This paper explores cyber bullying and sexting in South Africa and focuses on the responses within the context of existing legislative frameworks and legal remedies available in South Africa. It also identifies some of the gaps and risks in the legal responses applicable to children who engage in cyber bullying and sexting, and offers some recommendations in an attempt to minimise the gaps and accompanying risks to children. Details: Claremont, South Africa: CJCP - Centre for Justice and Crime Prevention, 2011. 20p. Source: CJCP Issue Paper No. 10: Internet Resource: Accessed on February 3, 2012 at http://www.cjcp.org.za/admin/uploads/Issue%20Paper%2010-1.pdf Year: 2011 Country: South Africa URL: http://www.cjcp.org.za/admin/uploads/Issue%20Paper%2010-1.pdf Shelf Number: 123941 Keywords: Bullying, Cyber (South Africa)Juvenile OffendersJuvenile VictimsLegislationSexting |
Author: Omar, Bilkis Title: Enforcement or development? Positioning government's National Crime Prevention Strategy Summary: After falling from favour under Mbeki’s government, the National Crime Prevention Strategy (NCPS) is being reinvigorated under the new Minister of Police. The institution tasked with reviving the NCPS is the Secretariat of Safety and Security or the Secretariat of Police as it has been renamed – the body responsible for civilian oversight over the South African Police Service. The secretariat too has seen its fortunes wane over the past decade, but is undergoing a turnaround with the appointment of a new secretary, new legislation and institutional reform. This paper asks two questions: what will prevent the NCPS from suffering the same fate as before; and is the Secretariat of Police the most suitable home for the NCPS or should it be located elsewhere? The paper argues that the NCPS can be revived to great effect, but only if it is located elsewhere within government. Details: Claremont, South Africa: CJCP - Centre for Justice and Crime Prevention, 2010. 16p. Source: CJCP Issue Paper No. 9: Internet Resource: Accessed February 3, 2012 at http://www.cjcp.org.za/admin/uploads/Issue%20Paper%209-final.pdf Year: 2010 Country: South Africa URL: http://www.cjcp.org.za/admin/uploads/Issue%20Paper%209-final.pdf Shelf Number: 123944 Keywords: Crime Prevention (South Africa)Criminal Justice ReformLegislation |
Author: Council of Europe, Committee of Ministers Title: International Police Standards - The European Code of Police Ethics Summary: Legislating for the security sector is a complex and difficult task. Many lawmakers thus find it tempting to copy legislation from other countries. This expedites the drafting process, especially when the texts are available in the language of the lawmaker, but more often than not, the result is poor legislation. Even after being amended, the copied laws are often out of date before coming into effect. They may no longer be in line with international standards or they may not fully respond to the requirements of the local political and societal context. Copied laws are sometimes inconsistent with the national legislation in place. In some cases, there is simply no model law available in the region for the type of legislation that is needed. This has been the case in the Arab region, where the security sector has only slowly begun to be publicly debated. It is thus difficult to find good model laws for democratic policing or for parliamentary oversight of intelligence services. It is therefore not surprising that many Arab lawmakers have felt frustrated, confused, and overwhelmed by the task of drafting legislation for the security sector. They found it difficult to access international norms and standards because little or no resources were available in Arabic. Many of them did not know where to search for model laws and several were about to give up. Some eventually turned to DCAF for assistance. The idea of a practical toolkit for legislators in the Arab region came when practitioners began looking for a selection of standards, norms and model laws in Arabic that would help them draft new legislation. Experts from the Arab region and DCAF thus decided to work together and develop some practical tools. This toolkit is primarily addressed to all those who intend to create new or develop existing security sector legislation. This includes parliamentarians, civil servants, legal experts and nongovernmental organisations. The toolkit may also be helpful to security officials and, as a reference tool, to researchers and students interested in security sector legislation. Details: Geneva, Switzerland: Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2009. 45p. Source: Toolkit - Legislating for the Security Sector (2): Internet Resource: Accessed February 4, 2012 at http://se2.dcaf.ch/serviceengine/Files/DCAF09/95671/ipublicationdocument_singledocument/b7d10cd7-b7a4-4c46-a333-34de98cd832e/en/CoE.pdf Year: 2009 Country: International URL: http://se2.dcaf.ch/serviceengine/Files/DCAF09/95671/ipublicationdocument_singledocument/b7d10cd7-b7a4-4c46-a333-34de98cd832e/en/CoE.pdf Shelf Number: 123958 Keywords: Criminal Justice AdministrationLegislationPolice Ethics |
Author: The Advocates for Human Rights Title: Implementation of the Bulgarian Law on Protection against Domestic Violence Summary: In the two years since the entry into force of the Law on Protection against Domestic Violence (LPADV), its overall implementation has been positive. While challenges remain for all sectors and legislative amendments are needed, the response to domestic violence since the law passed in Bulgaria is encouraging. Bulgaria’s non-governmental organizations (NGOs) have been instrumental in this progress through their initiatives in training, victim support, and coordination among government sectors. While the adoption of the LPADV is a significant step toward combating domestic violence, its effective implementation is essential for the realization of victim safety and accountability for offenders in Bulgaria. Details: Minneapolis, MN: The Advocates for Human Rights, 2008. 71p. Source: Women's Human Rights Report Series, Bulgaria: Internet Resource: Accessed February 5, 2012 at http://www.theadvocatesforhumanrights.org/uploads/final_report_2.pdf Year: 2008 Country: Bulgaria URL: http://www.theadvocatesforhumanrights.org/uploads/final_report_2.pdf Shelf Number: 123980 Keywords: Domestic Violence (Bulgaria)LegislationViolence Against Women |
Author: Sacco, Dena T. Title: Sexting: Youth Practices and Legal Implications Summary: This document addresses legal and practical issues related to the practice colloquially known as sexting. It was created by Harvard Law School’s Cyberlaw Clinic, based at the Berkman Center for Internet & Society, for the Berkman Center’s Youth and Media Policy Working Group Initiative. The Initiative is exploring policy issues that fall within three substantive clusters emerging from youth’s information and communications technology practices: Risky Behaviors and Online Safety; Privacy, Publicity and Reputation; and Youth Created Content and Information Quality. The Initiative is funded by the John D. and Catherine T. MacArthur Foundation and is co‐directed by danah boyd, Urs Gasser, and John Palfrey. This document was created for the Risky Behaviors and Online Safety cluster, which is focused on four core issues: (1) sexual solicitation and problematic sexual encounters; (2) Internet‐related bullying and harassment; (3) access to problematic content, including pornography and self‐harm content; and (4) youth‐generated problematic content, including sexting. The Initiative’s goal is to bring the best research on youth and media into the policy‐making debate and to propose practical interventions based upon that research. This document is intended to provide background for the discussion of interventions related to sexting. It begins with a definition of sexting, and continues with overviews of research and media stories related to sexting. It then discusses the statutory and constitutional framework for child pornography and obscenity. It concludes with a description of current and pending legislation meant to address sexting. Details: Cambridge, MA: The Berkman Center for Internet & Society at Harvard University, 2010. 45p. Source: Internet Resource: Accessed February 11, 2012 at Year: 2010 Country: United States URL: Shelf Number: 124082 Keywords: Juvenile OffendersJuvenile VictimsLegislationSexting |
Author: Walters, Julie Title: Anti-money laundering and counter-terrorism financing across the globe: A comparative study of regulatory action Summary: Most developed countries across the globe have enacted legislation to proscribe acts of money laundering and financing of terrorism, and to enable the proceeds of crime to be recovered from offenders. Such legislation reflects the principles developed by the Financial Action Task Force’s (FATF-GAFI) 40 plus Nine Recommendations to combat money laundering and the financing of terrorism (FATF-GAFI 2004) to varying degrees. FATF-GAFI was established in 1989 as an international body to examine techniques employed by criminals to launder the proceeds of crime and the approaches taken internationally to counteract such activities, as well as to identify policies to impede money laundering and the financing of terrorism. FATF-GAFI issued 40 Recommendations to combat money laundering in 1990 and expanded these to deal with the problem of financing of terrorism after the 11 September 2001 attacks by adding a further Nine Special Recommendations on terrorism financing. Details: Australia: Australian Institute of Criminology, 2011. 119p. Source: AIC Reports, Research and Public Policy Series 113: Internet Resource: Accessed February 12, 2012 at Year: 2011 Country: Australia URL: Shelf Number: 124104 Keywords: Counter-TerrorismInternational CrimeLegislationMoney LaunderingTransnational Crime |
Author: Tasmania. Department of Justice, Sentencing Advisory Council. Title: Arson & Deliberately Lit Fires Summary: The Sentencing Advisory Council’s Consultation Paper into its first referral from the Attorney-General was released on 20 December 2011. The Sentencing Advisory Council is committed to giving the members of the community the opportunity to express their views about sentencing issues in Tasmania. The purpose of this Consultation Paper is to assist in the discussion about the legislative framework, sentencing options, intervention and community information programs available for adults and juveniles involved in fire setting in Tasmania. The Sentencing Advisory Council is inviting responses from all relevant stakeholders and members of the community on the range of questions posed in the Consultation Paper. The Council intends to use its responses to inform its advice to the Attorney-General. Details: Tasmania: Sentencing Advisory Council, Department of Justice, 2011. Source: Consultation Paper No. 1: Internet Resource: Accessed February 18, 2012 at http://www.sentencingcouncil.tas.gov.au/__data/assets/pdf_file/0010/187507/Arson_and_deliberately_lit_fires_-_consultation_paper.pdf Year: 2011 Country: International URL: http://www.sentencingcouncil.tas.gov.au/__data/assets/pdf_file/0010/187507/Arson_and_deliberately_lit_fires_-_consultation_paper.pdf Shelf Number: 124182 Keywords: Adult OffendersArson (Tasmania)Juvenile OffendersLegislationSentencing |
Author: Stuart-Cassel, Victoria Title: Analysis of State Bullying Laws and Policies Summary: Bullying in schools has become widely viewed as an urgent social, health, and education concern that has moved to the forefront of public debate on school legislation and policy. Increasingly, elected officials and members of the school community have come to view bullying as an extremely serious and often neglected issue facing youths and local school systems (Swearer, Limber, & Alley, 2009). The focus on youth bullying has intensified over the past 12 years as a catalyzed reaction to school violence that is often linked explicitly or by inference to bullying. The Columbine High School shooting in 1999 was the first of many high-profile incidents of violent behavior that appeared to implicate bullying as an underlying cause (Greene & Ross, 2005). The incident ignited a wave of new legislative action within state legislatures that aimed to curtail bullying behavior on school campuses or to mitigate its effects. The trend was later fueled by a number of highly visible suicides among school-age children and adolescents that were linked to chronic bullying, attracting national attention to the issue (Marr & Field, 2001). The heightened visibility has coincided with an expansion of research knowledge identifying a range of serious and long-term consequences associated with bullying behavior, such as increased depression, substance use, aggressive impulses, and school truancy (Nansel, et al., 2001; Roland, 2002; Klomek, et al., 2007; Gastic, 2008; O’Brennan, Bradshaw, & Sawyer, 2009; Juvonen, 2009). Together these factors have placed increased pressure on governments and school systems for solutions to more effectively prevent or reduce bullying in schools. To address these issues, in August 2010, the U.S. Department of Education and U.S. Department of Health and Human Services cohosted the first Federal Partners in Bullying Prevention Summit, which brought together government officials, researchers, policymakers, and education practitioners to explore potential strategies to combat bullying in schools. This summit highlighted the need for more comprehensive information about the current status of state legislation, as well as information on how existing laws and policies translate into practice within elementary and secondary school systems. To address this gap in information, the U.S. Department of Education, Program and Policy Studies Service, initiated a study designed to answer the following study questions: 1. To what extent do states’ bullying laws cover U.S. Department of Education-identified key legislative and policy components? The first study question concerns the need for an informative and clearly focused analysis of state legislation to describe the purpose and structure of laws and their definitions, key provisions, similarities, and differences. To address this question, the study includes a systematic review and coding of components in laws governing K–12 education. The review identifies the types of provisions that are addressed in legislation and measures their expansiveness. The review of legislation is based on a framework conceptualized by the U.S. Department of Education (“the Department”) that was disseminated to school districts nationally and is presented in Exhibit 1 in Chapter 1 of the report (U.S. Department of Education, 2010a). The review covers legislation enacted through April of 2011, across the 50 U.S. states. 2. To what extent do states’ model bullying policies cover U.S. Department of Education-identified key legislative and policy components? The second study question focuses on the nature and content of model policies and guidance documents that have been developed by state education agencies, or school boards associations, pursuant to legislation. These policies guide and support district efforts to develop and implement effective bullying policies. The study reviews and systematically codes model policy documents available for 41 states to determine the coverage and expansiveness of key components. 3. To what extent do school districts’ bullying policies cover U.S. Department of Education-identified school district policy subcomponents? The third study question focuses on the structure and content of bullying policies developed at the local school district level that directly shape implementation within the school environment. The study involves a systematic review and coding of components in district policies for a small sample of urban and rural school districts that was selected to incorporate the geographic and community diversity of U.S. school districts. The analysis aims to determine the types of definitions and policy components that are present in local policy documents in addition to providing a measure of their expansiveness. The analysis also examines the relationship between state legislation and local policy development (e.g., the degree to which state legislation shapes local policy). 4. How are state laws translated into practice at the school level? The final study question focuses on how bullying laws and their legislative requirements are implemented by school districts and schools. The question will be answered through a series of case studies conducted at 24 school sites across four states. The purpose of the case studies will be to highlight lessons from the field on how state legislation and model policies are shaping implementation of bullying programs and procedures, and to assess the ways that state and district policies facilitate or create challenges for effective implementation. The second study phase will be launched in the fall of 2011. Details: Washington, DC: Policy and Program Studies Service, Office of Planning, Evaluation and Policy Development, U.S. Department of Education, 2011. 202p. Source: Internet Resource: Accessed March 16, 2012 at http://www2.ed.gov/rschstat/eval/bullying/state-bullying-laws/state-bullying-laws.pdf Year: 2011 Country: United States URL: http://www2.ed.gov/rschstat/eval/bullying/state-bullying-laws/state-bullying-laws.pdf Shelf Number: 124557 Keywords: BullyingCriminal Justice PolicyLegislationSchool Crime |
Author: United Nations Office on Drugs and Crime (UNODC) Title: Model Law against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition Summary: The Firearms Model Law has been developed by the United Nations Office on Drugs and Crime to assist States in implementing the provisions contained in the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. By distinguishing between mandatory and optional provisions, and suggested provisions stemming from other legal instruments, the Model Law offers flexible solutions adaptable to the needs of each State, whatever its legal tradition and social, economic, cultural and geographical conditions. The Model Law is a voluntary tool, which requires careful adaptation to the specific domestic legal systems in which it is supposed to operate. Details: Vienna: United Nations Office on Drugs and Crime (UNODC), 2011. 182. Source: Internet Resource: Accessed March 18, 2012 at http://www.unodc.org/documents/legal-tools/Model_Law_Firearms_Final.pdf Year: 2011 Country: International URL: http://www.unodc.org/documents/legal-tools/Model_Law_Firearms_Final.pdf Shelf Number: 124568 Keywords: Arms TraffickingFirearmsGunsLegislation |
Author: Graham, Kyle Title: Crimes, Widgets, and Plea Bargaining: An Analysis of Charge Content, Pleas, and Trials Summary: This article considers how the composition and gravamen of a charged crime can affect the parties’ willingness and ability to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations. In fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years of federal conviction data, focusing on those crimes that produce the most and fewest trials relative to how often they are alleged; the most and fewest acquittals at trial; and the most and fewest plea bargains that involve a substantial alteration in charges. Overall, the data demonstrate that the character of and circumstances that surround a particular offense can catalyze or frustrate plea bargaining. Similar information to that utilized in and gleaned from this study, it is also argued, can and should be considered in connection with the adoption of new crimes and the re-evaluation of existing offenses. This information would provide legislatures with insight into how a proposed crime is likely to be utilized, and how current crimes are being used. Details: Unpublished, 2012. 58p. California Law Review, Forthicoming. Source: Internet Resource: Accessed March 20, 2012 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004194 Year: 0 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004194 Shelf Number: 124611 Keywords: ConvictionsLegislationPlea BargainingProsecutorial DiscretionProsecutorsTrials |
Author: Eisen, Lauren-Brooke Title: Reallocating Justice Resources: A Review of 2011 State Sentencing Trends Summary: they are challenged to increase public safety while coping with smaller budgets. This report distills lessons from 14 states that passed research-driven sentencing and corrections reform in 2011 and is based on interviews with stakeholders and experts, and the experience of technical assistance staff at the Vera Institute of Justice. It is intended to serve as a guide to policy makers and others interested in pursuing evidence-based justice reform in their jurisdiction. Legislatures throughout the United States enacted sentencing and corrections policy changes in 2011 that were based on data analysis of their prison populations and the growing body of research on practices that can reduce recidivism. Although this emphasis on using evidence to inform practice is not new in criminal justice, legislators are increasingly relying on this science to guide the use of taxpayer dollars more effectively to improve public safety outcomes. In highlighting important legislative changes enacted in the past year, this report documents a new approach to reform in which bipartisan, multidisciplinary policy groups are using analysis of state population and sentencing data, harnessing the political will emerging from the budget crisis, relying on decades of criminal justice research, and reaching out to key constituencies. The result is legislation that aims to make more targeted use of incarceration and to reinvest the cost savings into community programs geared toward reducing recidivism and victimization. Details: New York: Center on Sentencing and Corrections, Vera Institute of Justice, 2012. 28p. Source: Internet Resource: Accessed March 23, 2012 at http://www.vera.org/download?file=3489/reallocating-justice-resources.pdf Year: 2012 Country: United States URL: http://www.vera.org/download?file=3489/reallocating-justice-resources.pdf Shelf Number: 124723 Keywords: Criminal Justice PolicyLegislationSentencing (U.S.) |
Author: Linkins, Karen Title: Congressional Report on the Feasibility of Establishing a Uniform National Database on Elder Abuse Summary: The limited research in the area of elder abuse suggests that the problem is widespread and largely unreported. In a 1988 study, 3.2 percent of older adults reported having experienced physical or verbal abuse or neglect. An estimated 5 million older people may be victimized by financial exploitation each year. There is evidence to suggest that the number of reported incidents has increased. Between 2000 and 2004, total reports of elder abuse and neglect to state Adult Protective Services (APS) agencies increased 19.7 percent, but it is not clear whether the increase in number of reports is due to a greater underlying incidence of elder abuse or an increase in public awareness of elder abuse as an issue that should be reported to authorities, or both. These reports to APS likely represent only a small fraction of total cases, as most abuse is never reported. Over the next several decades, the problem is elder abuse is expected to grow as the population of Americans age 65+ rapidly expands. The Tax Relief and Health Care Act of 2006 directed the Secretary of HHS to conduct a study, in consultation with the Attorney General, assessing current elder abuse data collection systems and examining the feasibility of establishing a uniform national elder abuse database to improve the quality and accessibility of data (Public Law 109-432). To develop the basis for its Report to Congress, ASPE contracted with the Lewin Group to conduct research in support of these efforts. This Report to Congress synthesizes the findings and discusses considerations and recommendations for a national elder abuse data collection effort. Specifically, the report addresses: Current reporting systems for elder abuse at the federal and state levels; Elder abuse definition and laws; Examples of data collection efforts in similar fields; and Considerations and recommendations for a national data collection effort. Details: Washington, DC: U.S. Department of Health and Human Services, 2010. 62p. Source: Internet Resource: Accessed March 25, 2012 at http://aspe.hhs.gov/daltcp/reports/2010/elderCR.pdf Year: 2010 Country: United States URL: http://aspe.hhs.gov/daltcp/reports/2010/elderCR.pdf Shelf Number: 124740 Keywords: Crime ReportingElder Abuse and NeglectLegislation |
Author: Amnesty International Title: Rape and Sexual Violence: Human Rights Law and Standards in the International Criminal Court Summary: This document identifies how the crimes of rape and sexual violence must, as a requirement of its own statute and a matter of international human rights law, be interpreted and applied with equality between men and women by the International Criminal Court (the Court). The Court has yet to rule on this matter in its jurisprudence. Such incorporation of human rights law and standards in the prosecution of rape and sexual violence should be undertaken by other international courts, as well as national courts, in order to discharge states’ duties under treaty and customary law. In order to incorporate human rights law and standards in its practice, the Court’s interpretation of the definition of the crimes should address the behaviour and actions of the perpetrator, and how this affects the victim’s ability to exercise free and genuine choice, that is, to enjoy his or her human right to physical and mental integrity and sexual autonomy, without discrimination. The Court’s deliberation should not just address the victim’s purported ‘consent’ in isolation. Human rights law and standards requires that investigations and prosecutions of the crimes of rape and sexual violence must be undertaken with careful attention given to the task of challenging stereotypes, which tend to undermine women’s equality before the law. The integrity of investigations and prosecutions should not be tainted by stereotypical assumptions, including assumptions about sexual violence towards men and boys, as well as towards women and girls. All references to the term ‘consent’ within the Elements of Crimes must be interpreted consistently with a fuller, more accurate and human-rights based understanding of the word consent – that a consensual decision is a decision made without force, threat of force, coercion, or taking advantage of a coercive environment. Where evidence of force, threat of force or coercion is present, there should absolutely be no additional element of law of consent for the prosecution to prove. Acts of rape which are committed in the jurisdiction of the Court can be identified as war crimes and crimes against humanity of rape and torture. The requirement in human rights law to eradicate stereotypes requires all acts of rape within the jurisdiction of the Court to be prosecuted as torture, in order to address stereotypical assumptions that rape, particularly rape of women and girls, is not a serious crime, and to acknowledge and make clear the perpetrators’ use of rape and sexual violence to intimidate, discriminate and humiliate victims. Details: London: Amnesty International, 2011. 47p. Source: Internet Resource: Accessed April 15, 2012 at http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Year: 2011 Country: International URL: http://www.amnesty.org/en/library/asset/IOR53/001/2011/en/7f5eae8f-c008-4caf-ab59-0f84605b61e0/ior530012011en.pdf Shelf Number: 124947 Keywords: Human RightsInternational Criminal CourtsLegislationRapeSexual Assault |
Author: Anti-Defamation League Title: Bullying/Cyberbullying Prevention Law: Model Statute and Advocacy Toolkit Summary: Bullying and harassment in elementary and secondary educational settings is a continuing problem for school districts, parents, and students. The impact of bullying has been well documented -- studies have shown that difficulty making friends, loneliness, low self-esteem, depression, poor academic achievement, truancy and suicide are all associated with being bullied. Bullying is often motivated by prejudice and hate, and some of the most serious cases are the result of bias based on the victim’s personal characteristics, such as race, religion, national origin, gender identity, or sexual orientation. Whether bullying is related to identity-based group membership, or more universal characteristics such as appearance or social status, this form of social cruelty can produce devastating consequences for the targets – and the perpetrators of bullying – and may be a precursor to more destructive behavior. Cyberbullying, described as intentional harm inflicted through electronic media, is a growing problem that affects almost half of all U.S. teens. An increasing number of youth are misusing online technology -- e-mailing, text messaging, chatting and blogging -- to bully, harass and even incite violence against others. Targets of cyberbullying may be subject to additional distress due to the pervasive and invasive nature of modern communication technology. Cyberbullying messages can be circulated far and wide in an instant and are usually irrevocable; cyberbullying is ubiquitous—there is no refuge and victimization can be relentless; and cyberbullying is often anonymous and can rapidly swell as countless and unknown others join in on “the fun.” For years, governments, schools and courts have been wrestling with how to deal with the issue of bullying and harassment in schools. A school’s duty to maintain a safe learning environment for students must be balanced with a student’s right to privacy and free speech. Particularly with the rise in cyberbullying, schools are seeking ways to create a safe environment, and communities and legislatures are creating guidelines on the issue. Over the past ten years, thirty-seven states have adopted legislation mandating schools implement anti-bullying statutes. Some statutes are general prohibitions on bullying while others are specific in their requirements. The Anti-Defamation League has prepared a Model Anti-Bullying Statute. The League’s Model Statute combines the best elements of existing laws, along with refinements to ensure that this anti-bullying statute is comprehensive and constitutional. While some of the current thirty-seven state statutes may have all of the elements in ADL’s model, most do not. ADL is taking a strong lead in encouraging states to ensure their anti-bullying statutes are complete, effective, constitutional, and implemented. This Toolkit contains ADL’s Model Anti-Bullying Statute, general talking points in support of anti-bullying legislation, a specific section-by-section description of our model policy, a compilation of the existing anti-bullying statutes, and examples of school Internet Acceptable Use Policies. Details: New York: Anti-Defamation League, 2009. 34p. Source: Internet Resource: Accessed April 15, 2012 at http://www.adl.org/civil_rights/Anti-Bullying%20Law%20Toolkit_2009.pdf Year: 2009 Country: United States URL: http://www.adl.org/civil_rights/Anti-Bullying%20Law%20Toolkit_2009.pdf Shelf Number: 124949 Keywords: BullyingCrime PreventionCyberbullyingLegislation |
Author: Stotzer, Rebecca Title: Comparison of Hate Crime Rates Across Protected and Unprotected Groups Summary: Sexual orientation and gender identity are not currently covered by federal hate crime laws. This analysis compares victimization rates for lesbian, gay, and bisexual individuals with groups already covered by hate crime laws. Results indicate that the hate crime rate against lesbian, gay, and bisexual individuals is comparable to the rate of hate crimes against already protected groups. While the National Coalition of Anti-Violence Programs reports an average of 213 hate crimes per year, the federal government has no system in place for documenting or collecting these statistics. This discrepancy indicates a need for including gender identity in hate crime tracking laws, and extending legislative protection to lesbian, gay, bisexual, and transgender people. Details: The Williams Institute, 2007. 4p. Source: Internet Resource: Accessed April 15, 2012 at http://williamsinstitute.law.ucla.edu/wp-content/uploads/Stotzer-Comparison-Hate-Crime-June-2007.pdf Year: 2007 Country: United States URL: http://williamsinstitute.law.ucla.edu/wp-content/uploads/Stotzer-Comparison-Hate-Crime-June-2007.pdf Shelf Number: 124970 Keywords: Bias-Motivated CrimesCrime RatesCrime StatisticsDiscriminationHate CrimeLegislation |
Author: Virginia. Joint Legislative Audit and Review Commission Title: Review of the Civil Commitment of Sexually Violent Predators Summary: Item 30 of the 2011 Appropriation Act directed JLARC staff to review the civil commitment of sexually violent predators in Virginia. JLARC staff found that Virginia’s risk assessment approach is flawed. Citing a specific actuarial assessment instrument and score in statute does not allow qualified professionals to use their professional judgment to review certain high-risk offenders. It also makes it likely that the State will use an out-ofdate instrument as actuarial science evolves. To address these flaws, it is recommended that the Code of Virginia be amended to remove references to a specific instrument and score. JLARC staff also found that Virginia’s risk assessment process does not provide enough flexibility or sufficiently use consensus to decide whether to proceed with the civil commitment process. Several recommended changes are intended to create a more flexible and consensusbased process. Virginia’s civil commitment program will continue to grow over time, as more individuals are committed each year than are released. However, the rate of program growth can be reduced if certain program changes, such as those recommended, are made. Details: Richmond, VA: Joint Legislative Audit and Review Commission, 2012. 202p. Source: House Document No. 5: Internet Resource: Accessed April 15, 2012 at http://jlarc.virginia.gov/meetings/November11/SVP.pdf Year: 2012 Country: United States URL: http://jlarc.virginia.gov/meetings/November11/SVP.pdf Shelf Number: 124973 Keywords: Civil Commitment of Sex Offenders (Virginia)Legislation |
Author: Virginia. The Virginia Commission on Youth Title: Study of Truancy & School Dropout Prevention Summary: This study originated at the Commission on Youth’s April 23, 2008, meeting, during which the Commission adopted a two-year plan to study truancy and dropout prevention in Virginia. Specifically, the Commission was to study the provisions set forth in House Bill 1263 (Appendix A), to include a review of policies and procedures that address truancy and dropout prevention, including enforcement of compulsory attendance laws. As part of the study, the Commission established an Advisory Group consisting of stakeholder representatives, including members of the Commission, the Virginia 2 Department of Education, law enforcement and court agencies, child and family advocacy groups, and parent organizations. Although students were not official members of the Advisory Group, the Commission sought student input by inviting youth to speak at Advisory Group meetings and roundtables. Details: Richmond, VA: The Virginia Commission on Youth, 2010. 68p. Source: Final Report: Internet Resource: Accessed April 15, 2012 at http://leg2.state.va.us/dls/h&sdocs.nsf/fc86c2b17a1cf388852570f9006f1299/9e96abbe33032fb6852577f90077957f/$FILE/RD392.pdf Year: 2010 Country: United States URL: http://leg2.state.va.us/dls/h&sdocs.nsf/fc86c2b17a1cf388852570f9006f1299/9e96abbe33032fb6852577f90077957f/$FILE/RD392.pdf Shelf Number: 124975 Keywords: Delinquency PreventionLegislationSchool DropoutsTruancy |
Author: The Royal Society Title: Brain Waves Module 4: Neuroscience and the law Summary: The human brain is not viewed in the same way as other organs. The brain holds the key to mind and behaviour, and so to most it has a ‘special’ status. The relatively young fi eld of neuroscience is the study of the brain and nervous system. Neuroscientists seek to determine how brain function affects behaviour. The law is concerned with regulating behaviour, and so it is reasonable to ask whether and if so how, neuroscience could, or should, inform the law. The Royal Society, the UK’s national academy of science, has sought here to set out where neuroscience might offer insights to the law, and current limits to its application. Many questions have been asked about what neuroscience might offer for the law. For instance, might neuroscience fundamentally change concepts of legal responsibility? Or could aspects of a convicted person’s brain help to determine whether they are at an increased risk of reoffending? Will it ever be possible to use brain scans to ‘read minds’, for instance with the aim of determining whether they are telling the truth, or whether their memories are false? It has been suggested that ‘for the law, neuroscience changes nothing and everything.’ This report takes a different position: that discoveries in neuroscience (or in genetics or psychology) will not completely revolutionise the theory and practice of the law in the near future; but there are already some important practical implications of recent neuroscientifi c discoveries, which should impact on the law, and there will certainly be many more over the next few years. For example, fi ndings from neuroscience may raise questions over the age of criminal responsibility. Although the potential is at present unclear, it is possible that neuroscientifi c information could be used as part of risk assessments. It is also possible that imaging studies may in the not too distant future provide evidence of the nature of pain. This would be relevant to many civil cases, concerned with whether a claimant’s suffering and pain are real or exaggerated. In addition, neuroscience may also be used further to strengthen the diagnosis of ‘Shaken Baby Syndrome’ or ‘Non Accidental Head Injury’ (NAHI). While there are examples, such as those above, of where neuroscience may provide useful insights, it is worth sounding a note of caution: claims that murderers can be identifi ed by imaging studies of their brains, or that there is a gene for psychopathy or for violent or antisocial behaviour are completely wide of the mark. If neuroscience is to feed usefully into the law, there are a number of challenges to its use that must fi rst be overcome. Some of these might apply to the intersection of science and law more broadly; however this report has focused on neuroscience. The report makes a number of recommendations for bridging the gap between legal professionals and neuroscientists to better communicate relevant fi ndings; for training and education; and for building applied research capacity. Details: London: The Royal Society, 2011. 46p. Source: RS Policy document 05/11: Internet Resource: Accessed April 22, 2012 at http://royalsociety.org/uploadedFiles/Royal_Society_Content/policy/projects/brain-waves/Brain-Waves-4.pdf Year: 2011 Country: United Kingdom URL: http://royalsociety.org/uploadedFiles/Royal_Society_Content/policy/projects/brain-waves/Brain-Waves-4.pdf Shelf Number: 125043 Keywords: Age of Criminal ResponsibilityCriminal BehaviorLegislationNeurosciencePedophilia |
Author: Hakim, Peter Title: Rethinking US Drug Policy Summary: Most Americans believe that their country’s forty-year “war on drugs” has failed. Yet, instead of a serious national discussion of how to reform US drug control strategies, there remains a silent tolerance of ineffective, socially harmful laws, institutions, and policies. What is most needed now is a farreaching debate on alternative approaches that could reduce the risks and damage from the trafficking and abuse of illegal drugs. That was also the conclusion of a highly-regarded report prepared by a distinguished group of Latin American presidents and other leaders. This Inter-American Dialogue report proposes six US government initiatives that would set the stage for a thorough rethinking of US drug policy. Details: Washington, DC: Inter-American Dialogue, The Beckley Foundation, 2011. 24p. Source: Internet Resource: Accessed May 8, 2012 at http://www.seguridadcondemocracia.org/administrador_de_carpetas/OCO-IM/pdf/Rethinking_US_Drug_Policy_feb2011.pdf Year: 2011 Country: United States URL: http://www.seguridadcondemocracia.org/administrador_de_carpetas/OCO-IM/pdf/Rethinking_US_Drug_Policy_feb2011.pdf Shelf Number: 125206 Keywords: Criminal Justice AdministrationCriminal Justice PolicyDrug AbuseDrug Policy (U.S.)Drug TraffickingLegislation |
Author: Cheng, Cheng Title: Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Castle Doctrine Summary: Since Florida adopted the first castle doctrine law in 2005, more than 20 other states have passed similar self-defense laws that justify the use of deadly force in a wider set of circumstances. Elements of these laws include removing the duty to retreat in places outside of one’s home, adding a presumption of reasonable belief of imminent harm necessitating a lethal response, and removing civil liability for those acting under the law. This paper examines whether aiding self-defense in this way deters crime or, alternatively, escalates violence. To do so, we apply a difference-in-differences research design by exploiting the within-state variation in law adoption. We find no evidence of deterrence; burglary, robbery, and aggravated assault are unaffected by the laws. On the other hand, we find that murder and non-negligent manslaughter are increased by 7 to 9 percent. This could represent either increased use of lethal force in self-defense situations, or the escalation of violence in otherwise non-lethal situations. Regardless, the results indicate that a primary consequence of strengthening self-defense law is increased homicide. Details: Cambridge, MA: National Bureau of Economic Research, 2012. 36p. Source: NBER Working Paper 18134: Internet Resource: Accessed June 20, 2012 at http://www.nber.org/papers/w18134.pdf?new_window=1 Year: 2012 Country: United States URL: http://www.nber.org/papers/w18134.pdf?new_window=1 Shelf Number: 125387 Keywords: Castle DoctrineDeterrenceHomicideLegislationSelf-DefenseViolent Crime |
Author: Thompson II, Richard M. Title: Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses Summary: The prospect of drone use inside the United States raises far-reaching issues concerning the extent of government surveillance authority, the value of privacy in the digital age, and the role of Congress in reconciling these issues. Drones, or unmanned aerial vehicles (UAVs), are aircraft that can fly without an onboard human operator. An unmanned aircraft system (UAS) is the entire system, including the aircraft, digital network, and personnel on the ground. Drones can fly either by remote control or on a predetermined flight path; can be as small as an insect and as large as a traditional jet; can be produced more cheaply than traditional aircraft; and can keep operators out of harm’s way. These unmanned aircraft are most commonly known for their operations overseas in tracking down and killing suspected members of Al Qaeda and related organizations. In addition to these missions abroad, drones are being considered for use in domestic surveillance operations, which might include in furtherance of homeland security, crime fighting, disaster relief, immigration control, and environmental monitoring. Although relatively few drones are currently flown over U.S. soil, the Federal Aviation Administration (FAA) predicts that 30,000 drones will fill the nation’s skies in less than 20 years. Congress has played a large role in this expansion. In February 2012, Congress enacted the FAA Modernization and Reform Act (P.L. 112-95), which calls for the FAA to accelerate the integration of unmanned aircraft into the national airspace system by 2015. However, some Members of Congress and the public fear there are insufficient safeguards in place to ensure that drones are not used to spy on American citizens and unduly infringe upon their fundamental privacy. These observers caution that the FAA is primarily charged with ensuring air traffic safety, and is not adequately prepared to handle the issues of privacy and civil liberties raised by drone use. This report assesses the use of drones under the Fourth Amendment right to be free from unreasonable searches and seizures. The touchstone of the Fourth Amendment is reasonableness. A reviewing court’s determination of the reasonableness of drone surveillance would likely be informed by location of the search, the sophistication of the technology used, and society’s conception of privacy in an age of rapid technological advancement. While individuals can expect substantial protections against warrantless government intrusions into their homes, the Fourth Amendment offers less robust restrictions upon government surveillance occurring in public places and perhaps even less in areas immediately outside the home, such as in driveways or backyards. Concomitantly, as technology advances, the contours of what is reasonable under the Fourth Amendment may adjust as people’s expectations of privacy evolve. In the 112th Congress, several measures have been introduced that would restrict the use of drones at home. Senator Rand Paul and Representative Austin Scott introduced the Preserving Freedom from Unwarranted Surveillance Act of 2012 (S. 3287, H.R. 5925), which would require law enforcement to obtain a warrant before using drones for domestic surveillance, subject to several exceptions. Similarly, Representative Ted Poe’s Preserving American Privacy Act of 2012 (H.R. 6199) would permit law enforcement to conduct drone surveillance pursuant to a warrant, but only in investigation of a felony. Details: Washington, DC: Congressional Research Services, 2012. 23p. Source: CRS Report R42701: Internet Resource: Accessed September 13, 2012 at http://www.fas.org/sgp/crs/natsec/R42701.pdf Year: 2012 Country: United States URL: http://www.fas.org/sgp/crs/natsec/R42701.pdf Shelf Number: 126334 Keywords: Covert Surveillance, DronesFourth AmendmentLegislationSurveillanceSurveillance Techniques |
Author: American Civil Liberties Union of Louisiana Title: Unequal Under the Law: Racial Profiling in Louisiana Summary: Seven years ago, Louisiana passed the state’s first racial profiling law. It made a statement about racial equality under the law, but was a largely empty gesture in that it did not require law enforcement to document officers’ daily conduct. Almost three years ago, in the aftermath of Hurricane Katrina, the world watched as thousands of New Orleans residents — most of them poor and black — were left stranded by the rising floodwaters. Then last year, race inequality in Louisiana was once again thrust into the national spotlight when six African-American students were suspended and arrested under dubious circumstances in Jena. Racial profiling erodes our system of justice. It erodes the public’s faith in the police, and the police’s trust in the community. Assumptions take the place of facts—facts which are needed to fight crime and make our neighborhoods safer. The American Civil Liberties Union is dedicated to the principle that all people should be treated equally under the law. In 2007, we began an investigation to find out whether racial profiling is still occurring in Louisiana, and if so, which areas have the worst problem. We collected arrest and booking data for the first three months of 2007 from three parishes in Louisiana, analyzed the numbers, reviewed law enforcement policies and looked into individual complaints of racial profiling. This is a summary of what we found. Racial profiling remains a problem in Louisiana. In the worst areas, in towns like Bunkie and Mansfield, black people are two to three times as likely to be arrested as white people. There remains a common perception that African-Americans are more likely to be driving a stolen car, carrying drugs, or involved in illegal activity when pulled over than white people, but many studies have shown this perception to be untrue. There is a growing body of evidence—studies by Attorney General Offices, watchdog organizations and the U.S. Department of Justice—showing black drivers violate laws less frequently or at the same rates as white drivers. Our report puts three parishes under the magnifying lens. It is a small window into racial profiling in Louisiana and law enforcement policies which have a disparate effect on people of color. We urge Louisiana legislators to amend the current law and require all law enforcement agencies to collect and report racial data on all traffic stops. This would be a vital step towards stopping racial profiling. Armed with this information, police chiefs will have a better idea of how their officers are behaving and how to strengthen law enforcement overall. Details: New Orleans, LA: American Civil Liberties Union of Louisiana, 2008. 26p. Source: Internet Resource: Accessed September 30, 2012 at http://www.laaclu.org/PDF_documents/unequal_under_law_web.pdf Year: 2008 Country: United States URL: http://www.laaclu.org/PDF_documents/unequal_under_law_web.pdf Shelf Number: 126521 Keywords: LegislationRacial DiscriminationRacial DisparitiesRacial Profiling (Louisiana) |
Author: Tabachnick, Joan Title: A Reasoned Approach: Reshaping Sex Offender Policy to Prevent Child Sexual Abuse Summary: It is only in the last 30 years that society has begun to fully recognize child sexual abuse as the devastating problem that it is, to portray the trauma of sexual abuse in the media, and to seek ways to prevent and eliminate sexual violence. As communities have begun to demand a response to sexual abuse, legislators have passed an increasing number of policies directed at the people who sexually abuse. In 2007 and 2008 alone, more than 1500 sex offender-related bills were proposed in state legislatures and over 275 new laws were enacted. Nearly all of these laws and policies follow two key trends: 1) they increase the length of sex offender incarceration and 2) they monitor, track, and restrict individuals convicted of sexual offenses upon their return to communities. While the intent of these laws is to protect communities from those who abuse, to improve responses to allegations of abuse, and to prevent child sexual abuse, the broad application of these laws has unintended consequences which may make our children and communities less safe. Research from the last decade has highlighted some of the unintended negative impacts these laws may be having on our ability to prevent sexual abuse before it is perpetrated and to prevent re-offense by individuals returning to communities. When a convicted abuser returns to a community, current sex offender management policy may cause the offender to face housing, employment, and financial instability, as well as social isolation and despair — all risk factors for re-offense. The resulting instability may also reduce the ability of law enforcement and probation and parole systems to supervise the offender and ensure that s/he has access to the specialized treatment and services necessary for full accountability. In creating a legislative policy environment that may inhibit the willingness of individuals, families, and communities to face, prevent, and respond to child sexual abuse, our society does a disservice to its children. If no hopeful, rehabilitative solutions are available and made publicly known, people who witness signs of risk for victimization and/or perpetration may be less motivated to take the steps necessary to prevent child sexual abuse, intervene in situations of risk, and come forward when a child is sexually abused. Experts agree that a criminal justice response alone cannot prevent sexual abuse or keep communities safe. Yet, tougher sentencing and increased monitoring of sex offenders are fully funded in many states, while victim services and prevention programs are woefully underfunded. Furthermore, with the majority of child sexual abuse unreported (report rates are as low as 12 percent), laws and policies are unable to ensure accountability for those who abuse or to address the needs of victims. Even with these concerns there is reason for hope. Emerging research about people who sexually abuse has begun to inform new policies. Innovative state-based policies, and policies and programs within organizations and communities, are taking a comprehensive approach toward safety by focusing on the prevention of the perpetration of child sexual abuse, encouraging a range of options for holding abusers accountable, and offering incentives for abusers and families to reach out for help. And new collaborative models encourage cross-disciplinary professional partners to work together to craft new policies that prevent abuse before it is perpetrated and re-offense. Details: Beaverton, OR: Association for the Treatment of Sexual Abusers, 2011. 58p. Source: Internet Resource: Accessed October 7, 2012 at http://www.atsa.com/sites/default/files/ppReasonedApproach.pdf Year: 2011 Country: United States URL: http://www.atsa.com/sites/default/files/ppReasonedApproach.pdf Shelf Number: 126572 Keywords: Child Sexual AbuseCrime PreventionCriminal Justice PolicyLegislationOffender ManagementSex Offenders |
Author: Griffith, Gareth Title: Drug Detection Dogs: The Legal Position in New South Wales Summary: On 19 September 2012 the Attorney General, Greg Smith, introduced into the Legislative Assembly a Bill to extend the scope of the use of drug detection or "sniffer" dogs without warrant in Kings Cross and on CityRail lines - the Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railway Drug Detection) Bill 2012 [the 2012 Bill]. As explained in the explanatory note, the object of the Bill: is to authorise the use by police officers of dogs for general drug detection (without warrant) on the streets and other public places in the Kings Cross precinct. The Bill also adds additional train lines on which police officers may use dogs for that purpose so that all suburban train lines on which CityRail operates train services are covered The 2012 Bill would insert new subsection 148(1)(d) into the Law Enforcement (Powers and Responsibilities) Act 2002 [LEPRA], to extend the use of sniffer dogs for general drug detection in authorised places (without warrant) to include "persons at any public place in the Kings Cross precinct". It would also amend the Law Enforcement (Powers and Responsibilities) Regulation 2005 to extend the use of drug detection dogs to all CityRail suburban train lines. On one view, the 2012 Bill does not involve the introduction of any new principle or practice into the criminal law. Rather, it can be said to extend the geographical fields of operation for defined police powers under s 148 of LEPRA. On the other hand, the 2012 Bill applies to an entire neighbourhood, which is partly residential in nature. In this respect its scope of operation can be said to be quite different to the current law, which is targeted to particular premises and events, as well to specified train lines. The purpose of this e-brief is to set out the background to this proposed legislation, looking at the development of the relevant statutory law, along with the debate about the use of drug sniffer dogs. Details: Sydney: NSW Parliamentary Research Service, 2012. 9p. Source: NSW Parliamentary Research Service e-Brief 18/2012: Internet Resource: Accessed November 3, 2012 at http://www.parliament.nsw.gov.au/Prod/parlment/publications.nsf/0/9C0870C1D3FC016ECA257A99000A953E/$File/Police+sniffer+dogs+in+New+South+Wales.pdf Year: 2012 Country: Australia URL: http://www.parliament.nsw.gov.au/Prod/parlment/publications.nsf/0/9C0870C1D3FC016ECA257A99000A953E/$File/Police+sniffer+dogs+in+New+South+Wales.pdf Shelf Number: 126863 Keywords: Drug Detection Dogs (Australia)LegislationPolice Dogs (Australia) |
Author: Thompson, Jill Title: Rape Sentencing Study: Statutory Sentencing Provisions for Rape, Defilement, and Sexual Assault in East, Central, and Southern Africa Summary: In the past ten to twelve years, several countries in East, Central and Southern Africa have responded to the problem of violence against women and children by amending outdated criminal laws relating to rape and other forms of sexual and gender-based violence. Legislative reforms have ranged from minor changes to existing penal code provisions, to major overhauls of sexual offences law. Changes have included redefining and/or adding new offences; making sexual offences gender neutral; putting in place evidentiary and procedural protections for victims; and increasing penalties for sexual crimes. As part of the reform process, several countries in the region have enacted mandatory minimum sentences for sexual offences such as rape and “defilement.” These have generally emerged in response to public outcry over high rates of sexual violence - particularly against children, and the widespread perception among the public and some lawmakers that perpetrators were not being adequately punished for these crimes. Proponents argued that high mandatory sentences would have a deterrent effect on sexual violence, and that victims would be more likely to report if they believed that perpetrators would be sent to jail. Others argued that statutory minimums would ensure appropriate retribution and lead to greater consistency in sentencing. A further rationale was found in the HIV epidemic - high sentences were viewed by many as necessary to curb the spread of HIV to women and children from sexual assault. Details: Lusaka, Zambia: Population Council, 2012. 40p. Source: Legislative Review: Internet Resource: Accessed December 16, 2012 at http://www.popcouncil.org/pdfs/2012RH_RapeSentencingStudy.pdf Year: 2012 Country: Africa URL: http://www.popcouncil.org/pdfs/2012RH_RapeSentencingStudy.pdf Shelf Number: 127214 Keywords: AIDS (Disease)HIV (Viruses)LegislationRape (Africa)SentencingSexual AssaultSexual Violence |
Author: Gastwirth, Joseph L. Title: The Need to Carefully Interpret the Statistics Regarding the Accuracy of a Narcotics Detection Dog: Application to South Dakota v. Nguyen, State of Florida v. Harris and Similar Cases Summary: Before carrying out a warrantless search of a person or their property, police officers need to have sufficient information concerning involvement in possible criminal activity to meet the “probable cause” criteria. In U.S. v. Place, the Court held that dog sniffs of vehicles, stopped for lawful purposes, were not a search. Courts have allowed police to search a vehicle or item after a trained narcotics dog indicates that it contains contraband as the positive indication establishes “probable cause”. The criteria many courts use to assess the reliability of the dog, the fraction of positive identifications in which drugs were found, however, is the predictive value of a positive test (PVP). While related to the two proper measures of the accuracy of a screening technique, the PVP also depends on the prevalence of contraband in the places the dog has examined. It is will be seen that the same PVP can arise in situations where an accurate dog sniffs items with a low prevalence of contraband or when a much less reliable dog examines items with a high prevalence of drugs. It will be seen that it is mathematically impossible to estimate the two accuracy rates of a narcotics dog from the data typically submitted by the state to show the narcotics dog is reliable. The problem arises because one needs three equations to estimate the prevalence and the two accuracy rates but the data only provides two. These issues will be illustrated on data from actual cases. Rather than continuing to rely on an inappropriate measure of the accuracy of dog sniffs, courts should require more information concerning the accuracy of dogs in their training sessions and in the field as well as better information on the prevalence of drugs in commonly occurring settings, e.g. vehicles stopped for routine traffic violations or items examined after police have received a “tip”. Then the legal system would have sufficient information to estimate both measures of accuracy of a narcotics dog and its PVP, which would assist courts in determining whether the police had “probable cause”. Details: Washington, DC: George Washington University, 2012. 25p. Source: Internet Resource: Accessed December 16, 2012 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2168838 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2168838 Shelf Number: 127228 Keywords: Drug Detection DogsLegislationPolice DogsProbable Cause, Fourth Amendment |
Author: Trifonoff, Allan Title: Liquor Licensing Legislation in Australia: Executive Summary - An Examination of Liquor Licensing Legislation in Australia as at December 2010 Summary: This is the Executive Summary of the three reports from a review of liquor licensing legislation in Australia which was undertaken by the National Centre for Education and Training on Addiction (NCETA). These reports are an outcome of a project initiated under the former Ministerial Council on Drug Strategy (MCDS) Cost Shared Funding Model, now administered under the Intergovernmental Committee on Drugs, National Drug Strategy, Cost Shared Funding Model. The project was overseen by South Australia Police which also generously contributed to the report’s publication. The aim of the project was to review, from a law enforcement perspective, the enforcement provisions of the liquor licensing legislation of all Australian states and territories. The project involved an extensive literature review, a comprehensive examination of each Australian state and territory’s liquor licensing legislation and alcohol-related data collection systems as well as interviews with key informants. South Australia Police contracted the National Centre for Education and Training on Addiction at Flinders University in South Australia to undertake the project. Details: Adelaide, South Australia: National Centre for Education and Training on Addiction (NCETA); Flinders University, 2012. 28p. Source: Internet Resource: Accessed December 21, 2012 at http://nceta.flinders.edu.au/files/8713/5226/7677/EN463_LLReport_Exec_summary.pdf Year: 2012 Country: Australia URL: http://nceta.flinders.edu.au/files/8713/5226/7677/EN463_LLReport_Exec_summary.pdf Shelf Number: 127250 Keywords: LegislationLiquor Licensing Policy (Australia) |
Author: Smith, Michael L. Title: Regulating Law Enforcement's Use of Drones: The Need for State Legislation Summary: The recent rise of domestic drone technology has prompted privacy advocates and members of the public to call for the regulation of the use of drones by law enforcement officers. Numerous states have proposed legislation to regulate government drone use, and thirteen have passed laws that restrict the use of drones by law enforcement agencies. Despite the activity in state legislatures, commentary on the drones tends to focus on how courts, rather than legislative bodies, can restrict the government's use of drones. Commentators call for wider Fourth Amendment protections that would limit government surveillance. In the process, in-depth analysis of state drone regulations has fallen by the wayside. In this article, I take up the task of analyzing and comparing state laws regulating the government's use of drones. While the oldest of these laws was enacted in 2013, the thirteen laws passed so far exhibit wide variations and noteworthy trends. I survey this quickly-expanding list of laws, note which regulations are likely to constrain government drone use, and identify laws that provide only the illusion of regulation. I advance the thesis that the judiciary is ill-suited to address the rapidly-developing area of drone technology. Long-established Supreme Court precedent leaves the judiciary with very little power to curtail government drone use. And were the judiciary to attempt the task of restricting law enforcement's use of drones, the solutions proposed would likely be imprecise, unpredictable, and difficult to reverse. In light of these concerns, privacy advocates and law enforcement agencies alike should support the regulation of government drone use by state legislatures, and should look to existing laws in determining what regulations are ideal. Details: Los Angeles: University of California, Los Angeles (UCLA) - School of Law, 2014. 31p. Source: Internet Resource: Accessed September 9, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2492374 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2492374 Shelf Number: 133186 Keywords: Covert Surveillance, Drones (U.S.)DronesFourth AmendmentLegislationSurveillanceSurveillance Techniques |