Administration of Justice eJournal最新文献

{"title":"Reducing Pretrial Detention: A Randomized Intervention with Public Defenders in El Salvador","authors":"Javier Osorio, Michael Weintraub, Andrés Ham","doi":"10.2139/ssrn.3892315","DOIUrl":"https://doi.org/10.2139/ssrn.3892315","url":null,"abstract":"Approximately one third of the global prison population is in pretrial detention, waiting for trial. Overreliance on pretrial detention exposes defendants to harsh conditions, exacerbates jail overcrowding, increases recidivism, and favors criminal governance. What policies can resource-strapped countries implement to effectively address excessive pretrial detention? Based on a theoretical model focused on institutional-level efforts, we evaluate an experimental intervention implemented in El Salvador intended to increase pretrial release requests and reduce pre-trial detention. The intervention randomly assigned public defenders to receive specialized legal training, an improved interview protocol, material resources, and increased communication channels. We find that this inexpensive, scalable program increased pretrial release requests from public defenders by nearly 10% (0.228 standard deviations) and increased the success in securing pretrial release by 4.4% (0.114 standard deviations). Heterogeneous treatment effect analyses suggest that the program increased strategic litigation among the most experienced public defenders and has distinct effects for those accused of minor and severe crimes. We find no evidence that the mechanism explaining our results involves changes in public defenders’ attitudes or perceptions about their work environments. Criminal justice programs focusing on pretrial detention may help reduce prison overcrowding in high crime countries.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125038733","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":"Legal Liability for Tax Evasion in the USA","authors":"V. Shestak, L. Khalikova","doi":"10.2139/ssrn.3722631","DOIUrl":"https://doi.org/10.2139/ssrn.3722631","url":null,"abstract":"Annotation: the article investigates legal liability for tax evasion in the USA. The authors present an analysis of the regulatory legal framework regulating liability for tax crimes and offenses, as well as the procedure of tax collection in the investigated country. The paper reviews statistic data on tax fraud in recent years and provides cases from court practice. The scale of the value of taxes for the country's federal budget is revealed. On the basis of the research the importance of conscientious fulfillment of the duty to pay taxes is substantiated.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114126144","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":"Species of International Criminal Courts in Africa","authors":"L. Nkansah","doi":"10.2139/ssrn.3710717","DOIUrl":"https://doi.org/10.2139/ssrn.3710717","url":null,"abstract":"In pursuit of international criminal justice, different types of international criminal courts have emerged in Africa; as an organ of the UN, an independent court not forming part of the UN or the domestic criminal system. There are also those established as a division of national criminal justice systems either facilitated by the African Union (AU) or the International Criminal Court (ICC). The paper examines the socio-political conditions that resulted in their creation and provides descriptive analyses of their juridical nature and constitution. The paper maintains that each of these courts is a type of international criminal court with its own unique features and dynamism. The juridical nature of an international criminal court in Africa is largely influenced by the prevailing socio-economic and political conditions at the time of its creation and particularly the actors involved in its creation. It is however not clear what the benefits and challenges associated with each type of court (if any) are. There is the need for further research on the strengths of the types of international criminal court and the benefits for the countries involved beyond the jurisprudential gains of advancing international criminal justice.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"1 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115046460","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":"Incidence and Costs of Personal and Property Crimes in the United States, 2017","authors":"T. Miller, M. Cohen, D. Swedler, B. Ali, D. Hendrie","doi":"10.2139/ssrn.3514296","DOIUrl":"https://doi.org/10.2139/ssrn.3514296","url":null,"abstract":"Total cost estimates for crime in the United States are both out-of-date and incomplete. \u0000We estimated incidence and costs of personal crimes (both violent and non-violent) and property \u0000crimes in 2017. Incidence came from national arrest data, multi-state estimates of police-reported \u0000crimes per arrest, national victimization and road crash surveys, and police underreporting \u0000studies. We updated and expanded upon published unit costs. Estimated crime costs totaled $2.6 \u0000trillion ($620 billion in monetary costs plus quality of life losses valued at $1.95 trillion; 95% \u0000uncertainty interval $2.2 - $3.0 trillion). Violent crime accounted for 85% of costs. Principal \u0000contributors to the 10.9 million quality-adjusted life years lost were sexual violence, physical \u0000assault/robbery, and child maltreatment. Monetary expenditures caused by criminal victimization \u0000represent 3% of GDP – equivalent to the amount spent on national defense. These estimates \u0000exclude the additional costs of preventing and avoiding crime such as enhanced lighting and \u0000burglar alarms. They also exclude crimes against businesses and most white-collar and corporate \u0000offenses.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"105 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115763688","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":"Mythic Courts","authors":"J. Álvarez","doi":"10.2139/ssrn.3685739","DOIUrl":"https://doi.org/10.2139/ssrn.3685739","url":null,"abstract":"This essay critiques common rationales offered for establishing new global courts or tribunals to address terrorism, acts by ISIS, corruption, human trafficking, human rights abuses committed by states, businesses, and international organizations, and the rights of foreign investors. It argues that the three general rationales for these courts, including the International Investment Court that is most likely to be established - that they are needed to fill gaps in international law, to provide remedies or permit enforcement, and to harmonize or ‘de-fragment’ the law - are more Eurocentric myth than reality.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127727063","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":"Regulating Vice: What the U.S. Marijuana Industry Can Learn From State Governance of Sports Gambling","authors":"John T. Holden, M. Edelman","doi":"10.2139/ssrn.3671013","DOIUrl":"https://doi.org/10.2139/ssrn.3671013","url":null,"abstract":"The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been abolished, the United States has continued to maintain the rudiments of its federal bans on both marijuana and sports betting, even though the primary beneficiaries of both of these bans has been organized criminal syndicates that have garnered near monopolies over these industries. While somewhat different from the alcohol ban of the 1920s, there are many similarities between today’s bans of both marijuana and sports betting. For instance, the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association, which allowed states to legalize and regulate sports betting, catapulted the regulation of sports betting into the national spotlight, alongside marijuana. At the same time, however, there are also a few important distinctions — most notably that the federal Controlled Substances Act (CSA) classifies marijuana as a prohibited substance, whereas federal law classifies sports betting somewhat less harshly. Since the U.S. Supreme Court’s May 2018 Murphy decision, more than 35 states have introduced legislation to legalize sports betting, with 19 states successfully passing laws in the first 18 months since the Court’s Murphy decision. Likewise, medical marijuana is currently legal in 33 states, and recreational marijuana is permitted in 11 states. Nevertheless, in spite of the growing state-level legality of both marijuana and sports gambling, the exuberance for sports gambling by entities like banks and institutional investors has surpassed the marijuana industry despite the marijuana industry having a significant head start. This Article explores why sports gambling has been widely accepted and led banks and financial institutions to take risks that they have not been willing to take for the marijuana industry. It also explores best practices adopted by the sports gambling industry that the marijuana industry may be able to emulate to garner broader legal acceptance.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124500363","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":"Edwin Borchard’s Innocence Project: The Origin and Legacy of His Wrongful Conviction Scholarship","authors":"M. Zalman","doi":"10.29173/wclawr6","DOIUrl":"https://doi.org/10.29173/wclawr6","url":null,"abstract":"The article recognizes the life and work of Edwin Montefiore Borchard, the founder of US innocence scholarship, as fitting for the Wrongful Conviction Law Review’s inaugural issue. The sources of his scholarship are located in his life and times in the early twentieth century US Progressive movement. The links between Borchard's other legal scholarship and his wrongful conviction writings are explained. Borchard's writings and advocacy leading to his main work, Convicting the Innocent, and passage of the federal exoneree compensation law are described. The article concludes that Borchard's lasting legacy is to refute innocence denial, a deeply held belief that wrongful convictions never occur or are vanishingly rare.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130487815","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":"False Confessions: An Experimental Study of the Innocence Problem","authors":"Jason Ralston, J. Aimone, Charles M. North, Lucas Rentschler","doi":"10.2139/ssrn.3483736","DOIUrl":"https://doi.org/10.2139/ssrn.3483736","url":null,"abstract":"The innocence problem, which occurs when an innocent person is falsely accused or convicted of a crime, is impossible to study with empirical data, because “true” innocence and guilt are unobservable in the “real world.” In this study, we replicate the criminal justice system in the laboratory with real salient crimes and subjects acting in the roles of defendants, prosecutors, and jurors in order to study the innocence problem. In a controlled environment, we identify individuals who are falsely or accurately accused of a crime and track them through the plea-bargaining system. This allows us to explore how being falsely accused of a crime affects plea bargaining decisions. We find evidence for a substantial innocence problem, reflected by a high willingness of truly innocent defendants to accept plea bargains. However, they do so at a lower rate than the truly guilty suggesting preferences for truth telling, an irrelevant factor in most economic theory. We also find evidence that individual preferences over uncertainty influence plea decisions, as predicted by economic theory. Overall, we find that loss aversion has a significant positive influence on plea decisions and that the reduced propensity of the truly innocent to accept plea bargains is driven by an interaction between their preferences to avoid lying and their preferences over uncertainty.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130518952","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":"Surveillance and Dataveillance as a New Challenge for Developing Countries in the Europe (Kosovo-Critical Reflection)","authors":"Blerim Berisha","doi":"10.2139/ssrn.3455312","DOIUrl":"https://doi.org/10.2139/ssrn.3455312","url":null,"abstract":"Surveillance culture is increasingly growing every day even we do not see it or be like we “do not see�?, believing that we have nothing to hide from what we do in everyday life. When technological development has come to be present with us at every moment of everyday life globally. Kosovo in economic aspect is divided into two stages, that before the war and after the war. The first stage involved industrial development in former Yugoslavian public sector, where majority of society was employed in manufacturing sector that economy generated more wealth than the services. The culture in internet surveillance in digital data context in Kosovan society does not function as in Western countries presents an identity problem. Kosovo is not a surveillance society in the context of technological and cultural identity based on the first and post-war divisions and its construction as the world's newest state","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130795006","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 Unusual Case of Anthony Chebatoris: The 'New Deal for Crime' and the Federal Death Penalty in Non-Death States","authors":"M. Mannheimer","doi":"10.2139/ssrn.3436500","DOIUrl":"https://doi.org/10.2139/ssrn.3436500","url":null,"abstract":"The little-known case of United States v. Anthony Chebatoris, arising from a botched bank robbery in Michigan in 1937, has great relevance to today’s criminal justice system. Chebatoris was the only person in American history to have been executed by the federal government for a crime in a non-death penalty State. Indeed, until 2002, Chebatoris appears to have been the only person in American history even to have been sentenced to death for such a crime. Since 2002, however, ten people have been similarly sentenced to death by the federal government for crimes committed in non-death States. One, Dustin Honken, is scheduled for execution in January 2020. \u0000 \u0000There are obvious federalism concerns that arise when the federal government seeks to punish a person more harshly for a crime than he or she could be punished by the State where the crime occurred. This is particularly so where the federal government imposes the death penalty where it is not authorized by state law. Yet these concerns were recognized and expressed by only a few during the Chebatoris case, most notably by Michigan Governor Frank Murphy, who went on to become U.S. Attorney General and later Associate Justice of the U.S. Supreme Court. But even with respect to Murphy, these federalism concerns were strangely muted, overwhelmed by the drastic changes, wrought by the Great Depression and the response thereto, in the relationship among the States, the federal government, and the people. This reconfiguration was manifested not only by the New Deal programs that are commonly known but also by the less familiar “New Deal for Crime,” a bold initiative to inject the federal government into criminal matters on a larger scale than was previously the case. \u0000 \u0000Swept up in this re-configuration was Chebatoris. Though Murphy protested the execution, he had to walk a fine line between his anti-death penalty absolutism, on the one hand, and his political fealty to President Roosevelt and his embrace of the New Deal, on the other. In the end, Murphy, who had the ear of both Roosevelt and Attorney General Homer Cummings, made only a half-hearted effort to save Chebatoris.","PeriodicalId":409574,"journal":{"name":"Administration of Justice eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115873968","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}