Digital Commons Network^™

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation

4. How …

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.

Faculty Profile: Mitch Librett - Experience Counts In The Criminal Justice Department, Patricia Fanning

Patricia J. Fanning

No abstract provided.

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth

Sara Smyth

This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …

The Effects Of Frequent Exposure To Violence And Trauma On Police Officers, Ternarian Warren

Ternarian A Warren PhD

Police officers who maintain negative or traumatic information in long-term memory are vulnerable to mental illness, unstable emotional and behavioral responses, interpersonal problems, and impaired social relationships. The cognitive theory suggests that police officers externalize various negative or maladaptive behaviors as a result of frequent exposure to traumatic events. Researchers have found that police officers tend to either not seek mental health treatment, try to fix their own mental health problem, or if in treatment will not be forthcoming with internalized thoughts of psychological distress. The intention of this research was to examine the relationship between police officers' frequent exposure …

An Overview Of Alcohol Testing And Interpretation In The 21st Century, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Ethanol analysis is the most commonly carried out drug testing in a forensic toxicology laboratory. Determination of blood alcohol concentration (BAC) is needed in a multitude of situations, including in postmortem analysis, driving under the influence (DUI) and drug-facilitated sexual assault (DFSA) cases, workplace drug monitoring, and probation investigations. These analyses are carried out by direct measurement of ethanol concentrations as well as of metabolic by-products, such as ethyl glucuronide (EtG) and ethyl sulfate (EtS). This review article will discuss pharmacokinetics, including absorption, distribution, and elimination of ethanol, methods for the detection of ethanol, the effect of ethanol on human …

Validation Of Lc-Tof/Ms Screening For Drugs, Metabolites, And Collateral Compounds In Forensic Toxicology Specimens, Fessessework Guale, Shahriar Shahreza, Jeffrey Walterscheid, Hsin-Hung Chen, Crystal Arndt, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Liquid chromatography time-of-flight mass spectrometry (LC-TOF-MS) analysis provides an expansive technique for identifying many known and unknown analytes. This study developed a screening method that utilizes automated solid-phase extraction to purify a wide array of analytes involving stimulants, benzodiazepines, opiates, muscle relaxants, hypnotics, antihistamines, antidepressants and newer synthetic "Spice/K2" cannabinoids and cathinone "bath salt" designer drugs. The extract was applied to LC-TOF-MS analysis, implementing a 13 min chromatography gradient with mobile phases of ammonium formate and methanol using positive mode electrospray. Several common drugs and metabolites can share the same mass and chemical formula among unrelated compounds, but they are …

Surviving The Streets Of New York: Experiences Of Lgbtq, Ymsm, And Ywsw Youth Engaged In Survival Sex, Brendan M. Conner Esq.

Brendan M. Conner

Law Enforcement, Community, And Military Tactics: What’S The Conflict?, Stacey Cotton, Peter Kraska, James Pikl

Peter Kraska

Local law enforcement is a critical community service, and the expense of maintaining a modern and effective police force can be substantial in relation to local resources. At the same time, military equipment, SWAT teams, and aggressive search and seizure tactics have been called into question by the recurring loss of innocent life and Fourth Amendment concerns attendant to the use of overwhelming force. This panel will consider the funding mechanisms available to police and sheriff departments for equipment and capital investments, the incentives these revenues create, and the conflicts between community trust and the atmosphere of counter-insurgency which military …

Policing Kentucky's School Children: Issues And Trends, Peter Kraska, Matthew Dimichele

Peter Kraska

The purpose of this research bulletin is to document the scope and nature of an important dimension of the school safety movement--the degree to which schools in Kentucky are being "policed" by public police agencies. A shift toward having an active police presence in our public schools, an unprecedented and significiant development, should be examined carefully.

Attitude Structures Of Different Ethnic And Age Groups Concerning Police, Peggy Sullivan, Roger Dunham, Geoffrey Alpert

Roger G. Dunham Dr.

No abstract provided.

Federal Forfeiture: Law, Policy And Practice, Greg Warchol, Dennis Payne, Brian Johnson

Greg Warchol

The purpose of this research is to first describe the origins and current state of federal asset forfeiture law, then examine of how property seized under the forfeiture laws for drug law violations is proceeded against by the federal government. The methodology, which is primarily exploratory, utilizes both qualitative and quantitative data. A sample of over 6000 federal administrative and judicial drug forfeiture cases are described and analyzed to construct a profile of the federal government's use of this policy. Findings raise questions about the use of forfeiture and the government's intent. Implications and suggestions for future research are included.

Guilty Property: A Qualitative Analysis Of Civil Forfeiture, Brian Johnson, Greg Warchol

Greg Warchol

The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications and suggestions for future research are also presented.

Bail Agents And Bounty Hunters: Adversaries Or Allies Of The Justice System?, Brian Johnson, Greg Warchol

Greg Warchol

Bounty hunters are employed by the bail industry to locate and apprehend criminal defendants who “skip” bail and, subsequently, fail to appear for court appointments. While some scholars have examined bounty hunters, this work is concerned primarily with the origins, history, and legal challenges to the industry and its practices. Popular literature on this subject has created the “myth” of the bounty hunter, but it has failed to provide an accurate portrayal of the activities these individuals perform. Through the use of field research methods, this study provides a better understanding of the role that bail agents and bounty hunters …

Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick

Robert L. Marsh

Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.

Genetic Transmission Effects And Intergenerational Contact With The Criminal Justice System: A Consideration Of Three Dopamine Polymorphisms, Holly Miller, J. Barnes

Holly Ventura Miller

Parental incarceration has been linked to a wide range of negative intergenerational consequences, including involvement in the criminal justice system. Prior research indicates that those who experience episodes of parental incarceration during childhood are significantly more likely to report contact with the police, arrest, conviction, and incarceration. There remains, however, considerable debate as to whether these relationships are causal or merely correlational. Although many theoretical frameworks offer guidance in understanding these associations (e.g., social learning, strain, labeling), less work has focused on genetic risk factors. Using data from a nationally representative sample of American youth, we conduct a series of …

Normalising Police Militarisation, Living In Denial, Victor Kappeler, Peter Kraska

Peter Kraska

The militarisation of policing in the USA continues to be a critical area of enquiry for both the police and the society. Recent events in Boston speak to the centrality of this area of research for understanding state responses to an array of social problems, including violence, terrorism and civil unrest. The police capacity to organise and distribute state-sponsored violence as well as the ability to shape institutional appearances while doing so, impacts issues of civil rights, domestic order and the quality of political life in a democracy. The importance of the topic, coupled with the fact that we have …

Homeland Security And Community Policing: Competing Or Complementing Public Safety Policies, Robert Friedmann, William Cannon

Robert R. Friedmann

In the aftermath of the September 11, 2001, terrorist atrocities in the United States, a new organizational policy was introduced as “Homeland Security.” Both a concept and a governmental department, homeland security became the “in” policy, and as such invented a new organization and a new approach to public safety. As a result, however, the dominant policing policy up to that time — Community Policing — was largely sidestepped by homeland security efforts as well as budgets. The purpose of this article is to demonstrate that the two public safety policies actually have a great deal in common, and that …

Street Outreach Workers: Best Practices And Lessons Learned: Innovative Practices From The Charles E. Shannon Jr. Community Safety Initiative Series, Scott Decker, Tim Bynum, Jack Mcdevitt, Amy Farrell, Sean Varano

Amy Farrell

Street outreach workers are an important part of the Senator Charles E. Shannon Jr. Community Safety Initiative (CSI) comprehensive gang and youth violence reduction strategy in Massachusetts. Street outreach involves the use of individuals to "work the streets," making contact with youth in neighborhoods with high levels of gang activity. These individuals are generally not employed by the criminal justice system agencies but rather are based in community service organizations or other non- governmental agencies. Street outreach workers provide an important bridge between the community, gang-involved youth, and the agencies (whether social service or law enforcement) that respond to the …

Identifying Challenges To Improve The Investigation And Prosecution Of State And Local Human Trafficking Cases, Amy Farrell, Jack Mcdevitt, Rebecca Pfeffer, Stephanie Fahy, Colleen Owens, Meredith Dank, William Adams

Stephanie Fahy

This report examines challenges faced in the investigation and prosecution of human trafficking in the United States. The research targeted counties across the U.S. for a systematic review of human trafficking case records and interviews with police, prosecutors, and service providers. The study found that there was a significant lack of awareness about human trafficking among practitioners and the law enforcement community, as well as a focus on sex trafficking (which is disproportionate to the larger issue of human trafficking). The study provides recommendations to help improve the identification, investigation, and prosecution of human trafficking cases in the United States.

Providence Traffic Stop Statistics Compliance: Final Report, Jack Mcdevitt, Amy Farrell, Mary Yee

Jack McDevitt

No abstract provided.

Identifying Challenges To Improve The Investigation And Prosecution Of State And Local Human Trafficking Cases, Amy Farrell, Jack Mcdevitt, Rebecca Pfeffer, Stephanie Fahy, Colleen Owens, Meredith Dank, William Adams

Jack McDevitt

This report examines challenges faced in the investigation and prosecution of human trafficking in the United States. The research targeted counties across the U.S. for a systematic review of human trafficking case records and interviews with police, prosecutors, and service providers. The study found that there was a significant lack of awareness about human trafficking among practitioners and the law enforcement community, as well as a focus on sex trafficking (which is disproportionate to the larger issue of human trafficking). The study provides recommendations to help improve the identification, investigation, and prosecution of human trafficking cases in the United States.

Massachusetts Racial And Gender Profiling Final Report: Executive Summary, Amy Farrell, Jack Mcdevitt, Lisa Bailey, Carsten Andresen, Erica Pierce

Jack McDevitt

No abstract provided.

Rhode Island Traffic Stop Statistics Data Collection Study 2004-2005: Final Report, Amy Farrell, Jack Mcdevitt

Jack McDevitt

No abstract provided.

Understanding And Improving Law Enforcement Responses To Human Trafficking: Final Report, Amy Farrell, Jack Mcdevitt, Stephanie Fahy

Jack McDevitt

Though recognition of the importance and severity of human trafficking has grown in recent years, the identification and investigation of human trafficking cases remains a complex undertaking for local law enforcement. Effectively responding to human trafficking requires officers to notice and identify victims who often have been hidden from or had poor relationships with law enforcement in the past (e.g., women in prostitution, migrants, immigrant community member, and poor women). Sometimes officers may be reluctant to intervene in sex and labor trafficking situations due to a belief that victims were complicit with their own victimization. Local law enforcement response is …

Pre-Teen Alcohol Use As A Risk Factor For Victimization And Perpetration Of Bullying Among Middle And High School Students In Georgia, Monica Swahn, Volkan Topalli, Bina Ali, Sheryl Strasser, Jeffrey Ashby, Joel Meyers

Monica H. Swahn

Objective: We examined the association between pre-teen alcohol use initiation and the victimization and perpetration of bullying among middle and high school students in Georgia.

Methods: We computed analyses using data from the 2006 Georgia Student Health Survey (N=175,311) of students in grades 6, 8, 10 and 12. The current analyses were limited to students in grades 8, 10 and 12 (n=122,434). We used multilogistic regression analyses to determine the associations between early alcohol use and reports of both victimization and perpetration of bullying, perpetration only, victimization only, and neither victimization or perpetration, while controlling for demographic characteristics, other substance …