{"title":"The Effect of Risk Assessment Scores on Judicial Behavior and Defendant Outcomes","authors":"CarlyWill Sloan, G. Naufal, H. Caspers","doi":"10.2139/ssrn.3301699","DOIUrl":"https://doi.org/10.2139/ssrn.3301699","url":null,"abstract":"The use of risk assessment scores as a means of decreasing pretrial detention for low-risk, primarily poor defendants is increasing rapidly across the United States. Despite this, there is little evidence on how risk assessment scores alter criminal outcomes. Using administrative data from a large county in Texas, we estimate the effect of a risk assessment score policy on judge bond decisions, defendant pretrial detention, and pretrial recidivism. We identify effects by exploiting a large, sudden policy change using a regression discontinuity design. This approach effectively compares defendants booked just before and after the policy change. Results show that adopting a risk assessment score leads to increased release on non-financial bond and decreased pretrial detention. These results appear to be driven by poor defendants. We also find risk assessment scores did not increase violent pretrial recidivism, however there is some suggestive evidence of small increases in non-violent pretrial recidivism.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123921269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Framework for Improved Protection of Trademarks","authors":"Ioana Vasiu, Lucian Vasiu","doi":"10.2139/ssrn.3940982","DOIUrl":"https://doi.org/10.2139/ssrn.3940982","url":null,"abstract":"The consequences of trademark infringements can be severe, ranging from customer confusion to undesirable associations, from mark erosion to loss of revenues and complex litigations. Further, infringement can pose significant public health and safety, and cybersecurity risks, as these infringements can be vectors for frauds, dissemination of malware, etc. To effectively address issues and inefficiencies, this article proposed a framework that categorizes and analyzes the main practical cross-cutting aspects of trademark infringement cases. This empirically-informed research involved the analysis of over three hundred cases brought to courts from the U.S., the E.U., Canada, Singapore, and India, disputes decided at the WIPO Arbitration and Mediation Center, and cases reported by law enforcement agencies and international organizations. The method used was content analysis, to systematically identify and code essential characteristics, used for grouping into an analytic framework. This comprehensive approach allowed the identification and analysis of the most important forms, characteristics, and legal arguments. The findings suggest that a multi-faceted approach is necessary for the effective protection of trademarks: a holistic, three-pronged approach, which would involve all stakeholders, addressing, respectively, the legal framework, trademark proprietor measures, and consumer’s education. Based on the findings, the article proposes a number of measures that could provide an improved, more effective global protection of trademarks.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124963019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gulags, Crime, and Elite Violence: Origins and Consequences of the Russian Mafia","authors":"Jakub Lonsky","doi":"10.2139/ssrn.3726319","DOIUrl":"https://doi.org/10.2139/ssrn.3726319","url":null,"abstract":"This paper studies the origins and consequences of the Russian mafia (vory-v-zakone). I web scraped a unique dataset that contains detailed biographies of more than 5,000 mafia leaders operating in 15 countries of the (former) Soviet Union at some point between 1916 and 2017. Using this data, I first show that the Russian mafia originated in the Gulag – the Soviet system of forced labor camps which housed around 18 million prisoners in the 1920s - 1950s period. Second, I document that the distance to the nearest camp is a strong negative predictor of mafia presence in Russia’s communities in the early post-Soviet period. Finally, using an instrumental variable approach which exploits the spatial distribution of the gulags, I examine the effects of mafia presence on local crime and elite violence in mid-1990s Russia. In particular, I show that the communities with mafia presence experienced a dramatic rise in crime driven by turf wars which erupted among rival clans around 1993 and persisted for much of the 1990. Further heterogeneity analysis reveals that mafia presence led to a spike in attacks against businessmen, fellow criminals, as well as law enforcement officers and judges, while politically-motivated violence remained unaffected.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126970482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Collars for Dollars: Arrests and Police Overtime","authors":"Aaron Chalfin, Felipe Gonçalves","doi":"10.2139/ssrn.3712794","DOIUrl":"https://doi.org/10.2139/ssrn.3712794","url":null,"abstract":"How do public sector workers balance pro-social motivations with private interests? In this study of police officers, an arrest often requires working overtime. We document two consequences to officer behavior. First, contrary to popular wisdom, officers reduce arrests near the end of their shift, and the quality of arrests increases. Second, officers further reduce late-shift arrests on days in which they “moonlight” after work. Using these results, we estimate a dynamic model that identifies officers’ implied tradeoff between private and pro-social motivations. Incentives created by overtime pay are insufficiently large to change police decision-making at the margin.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123150148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Who Watches the Watchmen: Evidence of the Effect of Body-Worn Cameras on New York City Policing","authors":"Mitchell Zamoff, Brad N. Greenwood, Gordon Burtch","doi":"10.2139/ssrn.3490785","DOIUrl":"https://doi.org/10.2139/ssrn.3490785","url":null,"abstract":"A flurry of research examining the effect of body-worn cameras (BWCs) on policing has arrived at mixed and inconclusive set findings. We present a multi-year study of the precinct-by-precinct rollout of BWCs in the New York City Police Department (NYPD), the largest metropolitan police force in the United States. Our study adds meaningfully to the prior body of work and begins to clarify some of the discord within it, particularly with respect to large urban police departments. We estimate the effect of BWC deployment on precinct volumes of citizen stops, arrests, complaints against officers and use-of-force incidents. Results indicate that BWCs lead to both significant increases in police stops of citizens, and significant decreases in arrests and citizen complaints. We find no significant change in the use of force by officers. We also document evidence of significant heterogeneity in the nature of stops and complaints. Our findings speak to at least three potential benefits of BWCs in urban law enforcement: (1) an increase in legitimate proactive policing; (2) a decrease in citizen complaints alleging that the police have abused their authority; and (3) a reduction in arrests (which appears to be beneficial regardless of whether the reduction is a result of modified behavior on the part of police, citizens, or both).","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"6 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120806783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Gulf between the Rule of Law and Money Laundering in Sri Lanka","authors":"Nishadi Thennakoon","doi":"10.2139/ssrn.3664607","DOIUrl":"https://doi.org/10.2139/ssrn.3664607","url":null,"abstract":"Recent media reports regarding the alleged involvement of some officers of Police Narcotic Bureau (PNB) in drug deals suggest that drug trafficking can be a major source of money laundering activities in Sri Lanka. It is an ill-fated situation when the Police Department, being the main law enforcement authority, is required to undertake investigations to detect assets reported to be illegally acquired by some of their own officers attached to PNB. Stories revealed by the media regarding the financial transactions and luxury properties owned by the alleged criminals, who were taken into the legal custody, suggest that there are serious gaps in the legal framework applicable to money laundering activities and the compliance therewith by relevant stakeholders. Undetected money laundering creates more room for bribery and corruption at the level of critical gatekeepers in the legal system and thereby weakens action against unlawful activities. It can also undermine the socio-political fabric of society. This article focuses on lacunas observed in the implementation phase of anti-money laundering laws in Sri Lanka.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125937860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Housing Vouchers, Income Shocks, and Crime: Evidence from a Lottery","authors":"J. Carr, Vijetha Koppa","doi":"10.2139/ssrn.2997421","DOIUrl":"https://doi.org/10.2139/ssrn.2997421","url":null,"abstract":"Employing exogenous variation in randomized wait-list positions assigned using a lottery, we identify the causal effects of Section 8 housing vouchers on arrests of adult household heads. Based on administrative records from Houston, we find that voucher receipt has no effect on the likelihood of arrest. Even among the groups with the highest propensities for crime, the vouchers have no impact. Income effects for these adults are particularly large relative to neighborhood effects, leading us to believe that this large income shock does little to alleviate financial pressures that could lead to crime.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132202803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Failed War on Pre-Trial Detention: Evidence from a Quasi-Experimental Reform","authors":"Angela Zorro Medina","doi":"10.2139/ssrn.3686855","DOIUrl":"https://doi.org/10.2139/ssrn.3686855","url":null,"abstract":"During the 1990s and 2000s, 70 percent of Latin American countries transitioned from an inquisitorial criminal procedure to a U.S. adversarial model in a phenomenon known as the Latin American Criminal Procedure Revolution (LACPR). The LACPR involved more than 19 countries, and cost around 1.51 billion dollars. Almost two decades after its implementation, the impact of the most significant procedural reform undertaken on the continent remains largely unexplored. Using Colombia as a study case, I explore the LACPR effect in pre-trial detentions using two methodological strategies. First, I exploit the exogenous variation resulting from the LACPR gradual implementation to estimate a difference-in-difference and an event study model. Secondly, I estimate the impact of the LACPR in pre-trial admission and release rates using a regression analysis controlling for co-founding variables and time-trends. The results provide compelling evidence that the U.S. adversarial model decreased the number of inmates in pre-trial detention, specifically male detainees. However, the results show that the decline is not associated with a decrease in the use of pre-trial detention (human rights gain) but to an increase in procedural speediness (efficiency gain).","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127895174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"'Ban the Box' Policies and Criminal Recidivism","authors":"Ryan Sherrard","doi":"10.2139/ssrn.3515048","DOIUrl":"https://doi.org/10.2139/ssrn.3515048","url":null,"abstract":"Employment has long been seen as a mechanism for reducing criminal recidivism. As such, many states and municipalities have tried to increase the employment prospects of ex-offenders through \"Ban the Box\" (BTB) policies, making it illegal to ask about an individual's criminal history on a job application. There are, however, questions as to how effective these policies are at helping ex-offenders successfully stay out of prison. In addition, recent research has shown that BTB policies may lead employers to racially discriminate in hiring. Using administrative prison data, this paper examines the direct effect of BTB policies on rates of criminal recidivism. I find that while BTB policies don't appear to reduce criminal recidivism overall, these policies may be exacerbating racial disparities. In particular, I show that being released into a labor market with a BTB policy is associated with higher rates of recidivism for black ex-offenders, with little to no effect for white ex-offenders. This result is robust to a number of specifications and sub-samples.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"210 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126814901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tax Fraud and Selective Law Enforcement","authors":"R. de la Feria","doi":"10.2139/ssrn.3520718","DOIUrl":"https://doi.org/10.2139/ssrn.3520718","url":null,"abstract":"This article presents a new conceptual framework for research into tax fraud and law enforcement. Informed by research approaches from across tax law, public economics, criminology, criminal justice, economics of crime, and regulatory theory, it assesses the effectiveness, and the legitimacy, of current approaches to combating tax fraud, bringing new dimensions to previously identified trends in crime control. It argues that, whilst the last decade has witnessed significant intensification of measures that purportedly target tax fraud, preference has been consistently given to enforcement measures that maximise revenue gains, rather than combatting the fraud itself, even where the effect is to aggravate the non-revenue costs of tax fraud. These developments demonstrate a significant shift from tax fraud suppression to tax fraud management. The article concludes that this shift not only undermines tax equity and overall tax compliance, but also leads to selective tax enforcement, thus representing a significant risk to the rule of law.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134555679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}