Digital Commons Network^™

Sorting Out Smart Surveillance, David Wright, Michael Friedewald, Serge Gutwirth, Marc Langheinrich, Emilio Mordini, Rocco Bellanova, Paul De Hert, Kush Wadhwa, Didier Bigo

Michael Friedewald

Surveillance is becoming ubiquitous in our society. We can also see the emergence of “smart” surveillance technologies and the assemblages (or combinations) of such tech- nologies, supposedly to combat crime and terrorism, but in fact used for a variety of purposes, many of which are intrusive upon the privacy of law-abiding citizens. Following the dark days of 9/11, security and surveillance became paramount. More recently, in Europe, there has been a policy commitment to restore privacy to centre stage. This paper examines the legal tools available to ensure that privacy and personal data protection are respected in attempts to ensure …

Policing With Chinese Characteristics, Kam C. Wong

Kam C. Wong

A review of (occidental) literature on Chinese social control-policing shows that there is an imbalance in research output. There is a lot of research into social control system in imperial China; its historical roots, philosophical foundation, structural framework, and functional process. However, there are very little raw data and research output on how Chinese police worked in the past or PRC public security functions at present.

This book is the only book that provide for a systematic and comprehensive treatment on various aspects of China policing, including: idea (Chapter 2), origin (Chapter 3), history (Chapter 4), education (Chapter 5), culture …

Social Information Processing And Aggressive Behavior: A Transactional Perspective, Reid G. Fontaine, Kenneth A. Dodge

Reid G. Fontaine

Chapter has no abstract

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …

The Wrongfulness Of Wrongly Interpreting Wrongfulness: Provocation Interpretational Bias And Heat Of Passion Homicide, Reid G. Fontaine

Reid G. Fontaine

In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became extremely emotionally disturbed and committed the killing while in this uncontrolled emotional state. In this way, the law makes a partial allowance for emotional dysfunction—the wrongfulness of the homicide is mitigated when the emotionally charged reactivity restricts the actor’s capacity for rational thought and reasoned …

Development Of Response Evaluation And Decision (Red) And Antisocial Behavior In Childhood And Adolescence, Reid Griffith Fontaine, Chongming Yang, Kenneth A. Dodge, Gregory S. Pettit, John E. Bates

Reid G. Fontaine

Using longitudinal data on 585 youths (48% female; 17% African American, 2% other ethnic minority), the authors examined the development of social response evaluation and decision (RED) across childhood (Study 1; kindergarten through Grade 3) and adolescence (Study 2; Grades 8 and 11). Participants completed hypothetical-vignette-based RED assessments, and their antisocial behaviors were measured by multiple raters. Structural equation modeling and linear growth analyses indicated that children differentiate alternative responses by Grade 3, but these RED responses were not consistently related to antisocial behavior. Adolescent analyses provided support for a model of multiple evaluative domains of RED and showed strong …

A Dialogical-Republican Revival: Respect-Worthy Constitutionalism In Post-Conflict Northern Ireland, South Africa, And Southern Philippines, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design and negotiation for deeply divided societies in post-conflict settings. It argues in favor of the adoption and application of what might be termed as the “dialogical” model of democratic constitutionalism as opposed to the “enforcement” model which characterizes much of contemporary legal ordering. In discussing their features, the Article charts a normative apparatus for making the constitutional choice between the two, and, thereafter, it tests theory into practice by undertaking a comparative analysis of what might well be successful policymaking and constitution-making practices in Northern Ireland and South Africa. The findings show …

The Intersection Of Judicial Attitudes And Litigant Selection Theories: Explaining U.S. Supreme Court Decision Making, Jeff L. Yates, Elizabeth Coggins

Jeff L Yates

Two prominent theories of legal decision making provide seemingly contradictory explanations for judicial outcomes. In political science, the Attitudinal Model suggests that judicial outcomes are driven by judges' sincere policy preferences -- judges bring their ideological inclinations to the decision making process and their case outcome choices largely reflect these policy preferences. In contrast, in the law and economics literature, Priest and Klein's well-known Selection Hypothesis posits that court outcomes are largely driven by the litigants' strategic choices in the selection of cases for formal dispute or adjudication -- forward thinking litigants settle cases where potential judicial outcomes are readily …

Hamas Controlled Televised News Media: Counter- Peace, Allen Gnanam

Allen Gnanam

The hegemonic force of Hamas censored televised news media in Gaza, can not be fully comprehended and appreciated without recognizing the role of propaganda, censorship, and the historical context of the middle east. These 3 interrelated dimensions will be analyzed using functionalism, the mass society theory, the dominant ideology framework, the critical criminology framework, and the symbolic interactionist framework. Through censorship, Hamas news media outlets were able to unilaterally inject culturally relevant propaganda, into the minds of children and citizens. The hypodermic syringe model can be applied to the state controlled news media situation in Gaza, as the people of …

Remapping A Nation Without States: Personalized Full Representation For California’S 21st Century, Mark Paul, Micah Weinberg

Mark Paul

California is a state of many distinct regions. To give citizens a voice on regional issues and to reinvigorate California’s Legislature, the state’s central institution of self-government, we propose Personalized Full Representation for the 21st Century (PFR21), a system of representation by means of regionally based legislative elections that will allow the state’s citizens to set the agenda for their regions and for the state as a whole. By reshaping the stage on which legisla- tive politics is played out, California can make state govern- ment more attentive to regional issues and give its citizens a means of holding elected …

Mental Health Services Research & Policy Collection: Arl Collection Initiative, Phyllis Ruscella, Ardis Hanson, John Abresch, Claudia Dold

Ardis Hanson

An ARL-level mental health services research and policy collection will support, not only the international and national goals of improving mental health; it also positions USF (USF) within the renowned health services research community, becoming peers with other major university health services research centers. The further development of the mental health services research and policy collections, with the foci on disaster mental health and vulnerable populations and the improved access to related mental health services research grey literature, directly supports USF’s stated goals. It expands the university’s capacity for world-renowned interdisciplinary research. It supports globally competitive undergraduate, graduate, and professional …

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …

On-Line Social Decision Making And Antisocial Behavior: Some Essential But Neglected Issues, Reid G. Fontaine

Reid G. Fontaine

The last quarter century has witnessed considerable progress in the scientific study of social information processing (SIP) and aggressive behavior in children. SIP research has shown that social decision making in youth is particularly predictive of antisocial behavior, especially as children enter and progress through adolescence. In furtherance of this research, more sophisticated, elaborate models of on-line social decision making have been developed, by which various domains of evaluative judgment are hypothesized to account for both responsive decision making and behavior, as well as self-initiated, instrumental functioning. However, discussions of these models have neglected a number of key issues. In …

Social Information Processing And Cardiac Predictors Of Adolescent Antisocial Behavior, Reid G. Fontaine

Reid G. Fontaine

The relations among social information processing (SIP), cardiac activity, and antisocial behavior were investigated in adolescents over a 3-year period (from ages 16 to 18) in a community sample of 585 (48% female, 17% African American) participants. Antisocial behavior was assessed in all 3 years. Cardiac and SIP measures were collected between the first and second behavioral assessments. Cardiac measures assessed resting heart rate (RHR) and heart rate reactivity (HRR) as participants imagined themselves being victimized in hypothetical provocation situations portrayed via video vignettes. The findings were moderated by gender and supported a multiprocess model in which antisocial behavior is …

Aid & Security, Nuket Kardam

Nüket Kardam

No abstract provided.

Examining Relationships Between Receiving Mental Health Services In The Pennsylvania Prison System And Time Served, Stephen Metraux

Stephen Metraux

No abstract provided.

Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz

Andrew E. Taslitz

This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises the …

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This thought experiment examines whether transitional justice has a place in the Israeli-Palestinian post-conflict and, at the same time, what attempting to fit the Israeli-Palestinian conflict into the transitional paradigm can teach us about the limits and possibilities of the transitional justice paradigm. In particular, the Israeli-Palestinian context presents challenging issues regarding the large beneficiary and collaborator classes in both societies. The article concludes by observing that history has proven truth commissions not to be panaceas, but that they offer a limited, inherent “procedural value” to post-conflict societies by instantiating new political dynamics between former political enemies.

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid Griffith Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.

Mental Health Parity: National And State Perspectives 2001: A Report To The Florida Legislature, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe

Ardis Hanson

The federal Mental Health Parity Act of 1996 requires insurers to offer the same benefits for mental disorders and substance abuse as they would for physical disorders, including any annual or lifetime limitations and restrictions placed upon such coverage. This report examines actuarial studies, the current state of parity legislation across the nation, cost of treatment issues, and the impact on Florida should parity legislation be passed.

Mental Health Parity: National And State Perspectives 2000: A Report To The Florida Legislature, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe, Sara A. Kuppin

Ardis Hanson

By failing to appropriately treat adults and children with severe mental illness, we incur enormous social costs through payments for disability benefits (Medicaid, SSI, SSDI), increased medical expenses, accidents and suicides, avoidable criminal justice proceedings, lost productivity, and increased need for homeless shelters and services. People who are underinsured are forced by arbitrary caps and limits to increasingly rely on the public sector. By providing parity for mental health, Florida will bring mental health into the mainstream of health care and become a leader in dispelling the prejudice that surrounds treatment of persons with severe mental illness.

Mental Health Parity: National And State Perspectives 1999, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe

Ardis Hanson

Mental health parity legislation could substantially reduce the degree to which financial responsibility for the treatment of mental illness is shifted to government, especially state and local government. There is substantial evidence that both mental health and addictions treatment is effective in reducing the utilization and costs of medical services. There appears to be a lack of substantial evidence to discourage Florida from pursuing mental health and substance abuse parity legislation.

Mental Health Parity: 1998 National And State Perspectives, Bruce Lubotsky Levin, Ardis Hanson, Richard Coe, Ann C. Taylor

Ardis Hanson

The federal Mental Health Parity Act of 1996 requires insurers to offer the same benefits for mental disorders and substance abuse as they would for physical disorders, including any annual or lifetime limitations and restrictions placed upon such coverage. To date, twenty states across the nation have enacted parity laws for mental health and/or substance abuse benefits. This report summarizes the essential issues facing the state of Florida in the development of state mental health parity legislation, including an examination of the experiences of other states, a look at potential benefits, and a discussion of the impact of managed care …

“Sorry, Wrong Number”: Why Media Polls On Gun Control Are So Often Unreliable, David B. Kopel, Gary Mauser

David B Kopel

How scientific are the polls reported in the media on the gun control issue? Without arguing for or against gun controls, this article examines the interviewing and

sampling methods used by media polls and finds that some polls claiming impressive majorities in favor of severe gun controls may not be accurate.

This article was originally published in Political Communication and Persuasion, vol. 9, pp. 69-92 (1992). This web version is a from a reprint (without the tables) in the Journal on Firearms & Public Policy, volume 6, pp. 23-53 (1994). Starred page numbers [*24] indicate the beginning of a new …