U.S. Department of Justice
National Institute of Corrections
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
Civil liabilities
and Other Legal Issues for Probation/Parole Officers and Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities ..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases ..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases ...................................... 27
Chapter 4. Legal Representation, Attorneys’ Fees, and Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports ........................... 55
Chapter 6. Supervision ........................................................................................... 81
Chapter 7. Conditions, Modifications, and Changes in Status ................................. 113
Chapter 8. Revocation .......................................................................................... 155
Chapter 9. Emerging Trends Concerning Liability of Probation and Parole
Officers for Supervision ........................................................................ 185
Chapter 10. Vicarious Liability .............................................................................. 203
Chapter 11. Direct Liability for Supervisors ............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors .............................................. 239
Chapter 13. The Nature of Inmates’ Rights ............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed by
Released Offenders ............................................................................ 275
Chapter 16. Immunity for Parole Board Officials ..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice .............................. 291
iii
CHA ...
Federal criminal law
Introduction
The criminal laws of the United States are the fundamental law that regulates behavior. These laws cover crimes in both federal and state court systems. Both sets of criminal laws seek to protect individuals from harm by making it illegal to do certain things, such as murder or assault someone else. The U.S. Constitution establishes limits on how much power each level of government may exercise, requiring Congress to pass laws before authorizing action within its jurisdiction and other limitations on state powers.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce. The federal government has jurisdiction over certain areas because of the U.S. Constitution and the 10th Amendment, which states that powers not granted to the federal government are reserved for individual states and their citizens; this includes crimes like murder, drug trafficking, arson, fraud and theft (or embezzlement).
If you're charged with a crime under federal authority—for example if you're accused of committing arson while living near a forested area—you'll need an attorney who understands how these laws work so they can help you beat charges against you!
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Constitutional LawThis week’s lecture is on Constitutional Law. .docxdonnajames55
Constitutional Law
This week’s lecture is on Constitutional Law. The constitution is a foundational document in many ways. It lays out the rules the state and federal government must govern as well as specifies the division of power between the states and the federal government (federalism) and between the various branches of the government (separation of power). Any government action—whether by the federal government or by state governments--that is found by the courts to conflict with the constitution is invalid.
The document is divided into articles and amendments. There are five articles in the U.S. Constitution. These articles specify the powers of the federal government as a whole. The articles also delineate what powers each branch of government has. The amendments to the constitution that we will discuss primarily limit the authority of congress to act.
The first article in the constitution deals with the powers of Congress. Congress has the primary power to regulate the economy (though it may delegate some of this power to the executive branch in some cases, for example Congress has given the Environmental Protection Agency the ability to enforce and regulate air emissions standards through the Clean Air Act). One important power found in article one is the taxing and spending power. This gives Congress the power to tax and spend in order to support the general welfare. Obviously, this is of preeminent concern to the economy and business.
However, the commerce clause is by far the most significant way that Congress constitutionally regulates business. This clause gives Congress the ability to regulate commerce with foreign nations, interstate commerce, and commerce that affects interstate commerce. This affects language is very important. In an early, important case, Wickard v. Filburn, 317 U.S. 111 (1942), the Supreme Court held that the commerce clause allowed the government to constitutionally penalize a farmer growing wheat to feed animals on his own land as affecting interstate commerce.
The statute in question created quotas on wheat production in order to stabilize prices. The wheat in question exceeded the quota, and the Supreme Court agreed with the federal government’s argument that by growing wheat for his animal’s use the farmer would likely buy less wheat on the open market, which would have an impact on the price of wheat (especially if many people adopted this approach). Relying upon this case as precedent, the courts found that practically all Congressional acts met this standard up into the present though some recent cases have limited the scope of this power. Nonetheless, this case should provide a good example of how sweeping this commerce power is.
The Supremacy Clause is also found in this part of the Constitution. This clause states that the constitution and other constitutional statutes and treaties are “the supreme law of the land.” Under this clause, state constitutions and laws are invalid .
This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
This country’s planted thick with laws from coast to coast . . . and if you cut them down... d’you really think you could stand upright in the winds that would blow then?
A MAn for All SeASonS, Act I
Consider . . . 1.1
John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519,
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation . . . or
any case filed . . . or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide?
1-1
Definition of Law
Philosophers and scholars throughout history have offered definitions of law. Aristotle, the early Greek philosopher, wrote that “the law is reason unaffected by desire” and “law is a form of order, and good law must necessarily mean good order.” Oliver Wendell Holmes Jr., a U.S. Supreme Court justice of the early twentieth century, said, “[L]aw embodies the story of a nation’s development through many centuries.” Sir William Blackstone, the English philosopher and legal scholar, observed that law was “that rule of action which is prescribed by some superior and which the inferior is bound to obey.” Black’s Law Dictionary defines law as “a body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.”1 Law has been defined at least once by every philosopher, statesman, and police officer.
Law is simply the body of rules governing individuals and their relationships. Most of these rules become law through a recognized governmental authority. Laws give us basic freedoms, rights, and protections. Law also offers a model of conduct for members of society in their business and personal lives and gives them certainty of expectation. Plans, businesses, contracts, and property ownership are based on the expectation that the law will provide consistent protection of rights. Without such constancy in legal boundaries, society would be a mass of chaos and confusion.
1-2
Classifications of Law
1-2a public versus private Law
Public law includes those laws enacted by some authorized governmental body. State and federal constitutions and statutes are all examples of public laws, as are the state incorporation and partnership procedures, county taxation statutes, and lo ...
Federal criminal law
Introduction
The criminal laws of the United States are the fundamental law that regulates behavior. These laws cover crimes in both federal and state court systems. Both sets of criminal laws seek to protect individuals from harm by making it illegal to do certain things, such as murder or assault someone else. The U.S. Constitution establishes limits on how much power each level of government may exercise, requiring Congress to pass laws before authorizing action within its jurisdiction and other limitations on state powers.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce.
Federal criminal law is the body of criminal law in the United States that deals with activity taking place on federal property or with conduct that substantially affects interstate commerce. The federal government has jurisdiction over certain areas because of the U.S. Constitution and the 10th Amendment, which states that powers not granted to the federal government are reserved for individual states and their citizens; this includes crimes like murder, drug trafficking, arson, fraud and theft (or embezzlement).
If you're charged with a crime under federal authority—for example if you're accused of committing arson while living near a forested area—you'll need an attorney who understands how these laws work so they can help you beat charges against you!
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Constitutional LawThis week’s lecture is on Constitutional Law. .docxdonnajames55
Constitutional Law
This week’s lecture is on Constitutional Law. The constitution is a foundational document in many ways. It lays out the rules the state and federal government must govern as well as specifies the division of power between the states and the federal government (federalism) and between the various branches of the government (separation of power). Any government action—whether by the federal government or by state governments--that is found by the courts to conflict with the constitution is invalid.
The document is divided into articles and amendments. There are five articles in the U.S. Constitution. These articles specify the powers of the federal government as a whole. The articles also delineate what powers each branch of government has. The amendments to the constitution that we will discuss primarily limit the authority of congress to act.
The first article in the constitution deals with the powers of Congress. Congress has the primary power to regulate the economy (though it may delegate some of this power to the executive branch in some cases, for example Congress has given the Environmental Protection Agency the ability to enforce and regulate air emissions standards through the Clean Air Act). One important power found in article one is the taxing and spending power. This gives Congress the power to tax and spend in order to support the general welfare. Obviously, this is of preeminent concern to the economy and business.
However, the commerce clause is by far the most significant way that Congress constitutionally regulates business. This clause gives Congress the ability to regulate commerce with foreign nations, interstate commerce, and commerce that affects interstate commerce. This affects language is very important. In an early, important case, Wickard v. Filburn, 317 U.S. 111 (1942), the Supreme Court held that the commerce clause allowed the government to constitutionally penalize a farmer growing wheat to feed animals on his own land as affecting interstate commerce.
The statute in question created quotas on wheat production in order to stabilize prices. The wheat in question exceeded the quota, and the Supreme Court agreed with the federal government’s argument that by growing wheat for his animal’s use the farmer would likely buy less wheat on the open market, which would have an impact on the price of wheat (especially if many people adopted this approach). Relying upon this case as precedent, the courts found that practically all Congressional acts met this standard up into the present though some recent cases have limited the scope of this power. Nonetheless, this case should provide a good example of how sweeping this commerce power is.
The Supremacy Clause is also found in this part of the Constitution. This clause states that the constitution and other constitutional statutes and treaties are “the supreme law of the land.” Under this clause, state constitutions and laws are invalid .
This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
This country’s planted thick with laws from coast to coast . . . and if you cut them down... d’you really think you could stand upright in the winds that would blow then?
A MAn for All SeASonS, Act I
Consider . . . 1.1
John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519,
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation . . . or
any case filed . . . or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide?
1-1
Definition of Law
Philosophers and scholars throughout history have offered definitions of law. Aristotle, the early Greek philosopher, wrote that “the law is reason unaffected by desire” and “law is a form of order, and good law must necessarily mean good order.” Oliver Wendell Holmes Jr., a U.S. Supreme Court justice of the early twentieth century, said, “[L]aw embodies the story of a nation’s development through many centuries.” Sir William Blackstone, the English philosopher and legal scholar, observed that law was “that rule of action which is prescribed by some superior and which the inferior is bound to obey.” Black’s Law Dictionary defines law as “a body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.”1 Law has been defined at least once by every philosopher, statesman, and police officer.
Law is simply the body of rules governing individuals and their relationships. Most of these rules become law through a recognized governmental authority. Laws give us basic freedoms, rights, and protections. Law also offers a model of conduct for members of society in their business and personal lives and gives them certainty of expectation. Plans, businesses, contracts, and property ownership are based on the expectation that the law will provide consistent protection of rights. Without such constancy in legal boundaries, society would be a mass of chaos and confusion.
1-2
Classifications of Law
1-2a public versus private Law
Public law includes those laws enacted by some authorized governmental body. State and federal constitutions and statutes are all examples of public laws, as are the state incorporation and partnership procedures, county taxation statutes, and lo ...
In March 2, 1917, the Jones Act was approved granting U.S. citizenship to people born in P.R. and providing the residents of P.R. with a “Charter of Rights.” That Bill of Rights included inter alia the “due process” of law when a citizen's life, liberty or property are violated; the right to “Habeas Corpus”; prohibition of ex post facto laws; the just compensation for expropriated property; the right to bail; the right to be innocent until proven guilty; the right to freedom of speech and press; and numerous other provisions under the Constitution of the United Together. In 1948, the U.S. Supreme Court expressed in Foley Brothers Inc. v. Filardo, 336 U.S. 281, that it was a well-established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears. It was later established that P.R. was to be subject to the Congress’ plenary powers under the “territorial clause” of Article IV, sec. 3, of the U.S. Constitution and that due to the establishment of the Federal Relations Act of 1950 all federal laws that are “not locally inapplicable” were to be automatically the law of the land in P.R.
In 1951, the U.S. Congress approved Public Law 600, authorizing P.R. to draft its own constitution. In July 25, 1952, the Puerto Rican Constitution was approved by a popular referendum and ratified by the U.S. Congress, with a “few amendments.” U.S. maintained an ultimate sovereignty over P.R. while at the same time it gave Puerto Ricans certain degree of autonomy over the island. Under the Territorial Clause, the autonomy recognized to the island has being interpreted by the U.S. Congress as recognition of the sovereignty over the island. In 1976 the U.S. Supreme Court indicated that the purpose of Congress in the legislations of 1950 and 1952 was to accord to P.R. the degree of autonomy and independence normally associated with a State of the Union. In that same year the Puerto Rican Supreme Court, posed with the question of what should be the relationship between the 4th Amendment of the Federal Constitution, and section 10 of article II of the Puerto Rican Constitution, concluded that P.R. remains subject to the will of Congress as to what rights are applicable and which not and that 4th Amendment describes the minimum level of security to be recognize by states, borders that can be expanded but not reduced. In short, because more than 150 years of constitutional development and civil rights struggles around the world as well as the “Universal Declaration of Human Rights” and the “American Declaration of the Rights and Duties of Man,” both from 1948, were taken into account, P.R. was be able to draft a Bill of Rights more extensive and progressive than the one written by the drafters of the U.S. Constitution in the 18th century. In response to that struggle the P.R. Constitution recognizes the constitutional rights of the U.S. Constitutio
Page 55 BUSINESS AND THE CONSTITUTIONA federal statute and.docxalfred4lewis58146
Page 55
BUSINESS AND THE CONSTITUTION
A federal statute and related regulations prohibited producers of beer from listing, on a product label, the alcohol content of the beer in the container on which the label appeared. The regulation existed because the U.S. government believed that if alcohol content could be disclosed on labels, certain producers of beer might begin marketing their brand as having a higher alcohol content than competing beers. The government was concerned that “strength wars” among producers could then develop, that consumers would seek out beers with higher alcohol content, and that adverse public health consequences would follow. Because it wished to include alcohol content information on container labels for its beers, Coors Brewing Co. filed suit against the United States government and asked the court to rule that the statute and regulations violated Coors's constitutional right to freedom of speech.
Consider the following questions as you read Chapter 3:
On which provision in the U.S. Constitution was Coors relying in its challenge of the statute and regulations?
Does a corporation such as Coors possess the same constitutional right to freedom of speech possessed by an individual human being, or does the government have greater latitude to restrict the content of a corporation's speech?
The alcohol content disclosures that Coors wished to make with regard to its product would be classified as commercial speech. Does commercial speech receive the same degree of constitutional protection that political or other noncommercial speech receives?
Which party—Coors or the federal government—won the case, and why?
Do producers and other sellers of alcoholic beverages have, in connection with the sale of their products, special ethical obligations that sellers of other products might not have? If so, what are those obligations and why do they exist?
LEARNING OBJECTIVES
After studying this chapter, you should be able to:
1 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional.
2 Explain the key role of the U.S. Constitution's Commerce Clause in authorizing action by Congress.
3 Describe the incorporation doctrine's role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions.
4 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny, intermediate scrutiny, and rational basis).
5 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive.
Page 56 6 Explain the difference between procedural due process and substantive due process.
7 Identify the instances when an Equal Protection Clause–based challenge to government a.
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Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxbissacr
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxmccormicknadine86
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
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To get a real understanding of the nature of crime and criminal responsibility in Utah, you need to know the principles that underlie these concepts. Read this blog to learn more.
https://wasatchdefenselawyers.com/4-principles-of-criminal-responsibility/
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
National Defense Authorization Act 2012 Article Assignment Nullification by S...Wayne Williams
Article Assignment; Students will read the article on nullification and how South Carolina is pushing back against the NDAA 2012 using the 10th Amendment.
1. Is a smile a universal nonverbal form of communication Why or wh.docxcorbing9ttj
1. Is a smile a universal nonverbal form of communication? Why or why not? Provide specific examples in your answer.
2.
What are some of the ways that you, as an American or an international student, have been taught, or unconsciously learned, to synchronize your nonverbal behaviors?
Part B: Verbal
Instructions:
There are five interrelated sets of rules that combine to create a verbal code or language. In the middle column, define the five verbal rules that create the verbal code in a minimum of two sentences for each rule. In the last column, provide an example from both American culture and an international culture for each of the five rules of verbal codes. Then answer the questions on the following page.
Rule set
Definition
(2 or more sentences)
Examples
(1 American culture example and
1 international culture example)
(1) Phonology
(rules for word sounds)
(2) Morphology
(units of meaning in a word)
(3) Semantics
(distinct meaning of words)
(4) Syntax
(relationship of words to each other)
(5) Pragmatics
(effect on human perception)
1. What is one possible drawback of phonology if a nonnative speaker has poor accuracy? What might be done to master a new phonology?
2. What happens in the course of conversation when semantics causes confusion between you and the receiver? Provide a recent example.
3. what do you think Ludwig Wittgenstein meant when he said that “the limits of my language are the limits of my world”?
.
1. IntroductionWritten and Narrated by Professor Deni ElliottThe.docxcorbing9ttj
1. Introduction
Written and Narrated by Professor Deni Elliott
There are so many considerations in making ethical decisions, but what consideration is most important? Different cultures and ethical systems have produced theories that favor one consideration over others. The consideration that a theory favors is called a Fundamental Moral Unit, or FMU.
Many of the classical Western philosophers from the Greek and roman traditions favor the individual as the Fundamental Moral Unit. In these theories, the primary dictate is a negative statement: Don’t get in an individual’s way in his or her pursuit of the good life.
Feminist theories tend to determine the best choice based on how well those choices strengthen the connections among people and how well the needs of the most vulnerable are addressed. The fundamental moral unit here is relationship between people and is based on the belief that care should be given to those who can’t take care of themselves.
Some Eastern theories promote the overall good of the community first and foremost. And some indigenous theories stress human’s connection with the world as a whole, with all natural systems and species having an equal right to co-exist. People who grow up in these traditions expect that they and others will sacrifice individual self-interest for the good of the group and the environment. The Fundamental Moral Unit here is called "aggregate good."
Let’s consider a decision you might encounter if you were a member of your local city council. There is a 50 acre parcel of land in your city’s jurisdiction that was designated a hundred years ago to remain open space. Now the area contains some ancient Native burial grounds, but the tribe members a hundred years and tribe members today are happy with the designated use as long as the woodlands around the burial mounds stay intact. A developer would like to build a shopping mall there. As a city council member, you get to decide how that land will be used today: should it remain a park or become a shopping mall?
If you make your choice based only on the good that comes to individuals, you might be tempted to go with the shopping mall. The mall will provide jobs for many of the people in the community who are out of work and the additional income from the taxes from the new property owner and the businesses will allow the city to reduce taxes for individual home owners.
Which choice best advances the overall good of the community in which I live? The policy choice made previously to protect the land respected human connections to natural systems and was sensitive to the culture and history of a minority group. Affirming that decision helps all people in the community maintain trust in government.
We can see how the teachings from all of these traditions can help us in analyzing an important choice. And they can help us answer one more question: Can I find a choice that doesn’t cause harm to anyone or anything? If a shopping mall is a good idea for the .
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In March 2, 1917, the Jones Act was approved granting U.S. citizenship to people born in P.R. and providing the residents of P.R. with a “Charter of Rights.” That Bill of Rights included inter alia the “due process” of law when a citizen's life, liberty or property are violated; the right to “Habeas Corpus”; prohibition of ex post facto laws; the just compensation for expropriated property; the right to bail; the right to be innocent until proven guilty; the right to freedom of speech and press; and numerous other provisions under the Constitution of the United Together. In 1948, the U.S. Supreme Court expressed in Foley Brothers Inc. v. Filardo, 336 U.S. 281, that it was a well-established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears. It was later established that P.R. was to be subject to the Congress’ plenary powers under the “territorial clause” of Article IV, sec. 3, of the U.S. Constitution and that due to the establishment of the Federal Relations Act of 1950 all federal laws that are “not locally inapplicable” were to be automatically the law of the land in P.R.
In 1951, the U.S. Congress approved Public Law 600, authorizing P.R. to draft its own constitution. In July 25, 1952, the Puerto Rican Constitution was approved by a popular referendum and ratified by the U.S. Congress, with a “few amendments.” U.S. maintained an ultimate sovereignty over P.R. while at the same time it gave Puerto Ricans certain degree of autonomy over the island. Under the Territorial Clause, the autonomy recognized to the island has being interpreted by the U.S. Congress as recognition of the sovereignty over the island. In 1976 the U.S. Supreme Court indicated that the purpose of Congress in the legislations of 1950 and 1952 was to accord to P.R. the degree of autonomy and independence normally associated with a State of the Union. In that same year the Puerto Rican Supreme Court, posed with the question of what should be the relationship between the 4th Amendment of the Federal Constitution, and section 10 of article II of the Puerto Rican Constitution, concluded that P.R. remains subject to the will of Congress as to what rights are applicable and which not and that 4th Amendment describes the minimum level of security to be recognize by states, borders that can be expanded but not reduced. In short, because more than 150 years of constitutional development and civil rights struggles around the world as well as the “Universal Declaration of Human Rights” and the “American Declaration of the Rights and Duties of Man,” both from 1948, were taken into account, P.R. was be able to draft a Bill of Rights more extensive and progressive than the one written by the drafters of the U.S. Constitution in the 18th century. In response to that struggle the P.R. Constitution recognizes the constitutional rights of the U.S. Constitutio
Page 55 BUSINESS AND THE CONSTITUTIONA federal statute and.docxalfred4lewis58146
Page 55
BUSINESS AND THE CONSTITUTION
A federal statute and related regulations prohibited producers of beer from listing, on a product label, the alcohol content of the beer in the container on which the label appeared. The regulation existed because the U.S. government believed that if alcohol content could be disclosed on labels, certain producers of beer might begin marketing their brand as having a higher alcohol content than competing beers. The government was concerned that “strength wars” among producers could then develop, that consumers would seek out beers with higher alcohol content, and that adverse public health consequences would follow. Because it wished to include alcohol content information on container labels for its beers, Coors Brewing Co. filed suit against the United States government and asked the court to rule that the statute and regulations violated Coors's constitutional right to freedom of speech.
Consider the following questions as you read Chapter 3:
On which provision in the U.S. Constitution was Coors relying in its challenge of the statute and regulations?
Does a corporation such as Coors possess the same constitutional right to freedom of speech possessed by an individual human being, or does the government have greater latitude to restrict the content of a corporation's speech?
The alcohol content disclosures that Coors wished to make with regard to its product would be classified as commercial speech. Does commercial speech receive the same degree of constitutional protection that political or other noncommercial speech receives?
Which party—Coors or the federal government—won the case, and why?
Do producers and other sellers of alcoholic beverages have, in connection with the sale of their products, special ethical obligations that sellers of other products might not have? If so, what are those obligations and why do they exist?
LEARNING OBJECTIVES
After studying this chapter, you should be able to:
1 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional.
2 Explain the key role of the U.S. Constitution's Commerce Clause in authorizing action by Congress.
3 Describe the incorporation doctrine's role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions.
4 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny, intermediate scrutiny, and rational basis).
5 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive.
Page 56 6 Explain the difference between procedural due process and substantive due process.
7 Identify the instances when an Equal Protection Clause–based challenge to government a.
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Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxbissacr
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
Chapter Five Constitutional PrinciplesThe ConstitutionThe Consti.docxmccormicknadine86
Chapter Five Constitutional PrinciplesThe Constitution
The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism
Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later.
federalism
A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law
The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business.
1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances?
Clue: Consider what might happen if one branch of government became too strong.
2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important?
Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech?
3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution?
Clue: If you were ignorant of the constitutional protections, how might your business suffer?
In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
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CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
National Defense Authorization Act 2012 Article Assignment Nullification by S...Wayne Williams
Article Assignment; Students will read the article on nullification and how South Carolina is pushing back against the NDAA 2012 using the 10th Amendment.
Similar to U.S. Department of JusticeNational Institute of Correction (20)
1. Is a smile a universal nonverbal form of communication Why or wh.docxcorbing9ttj
1. Is a smile a universal nonverbal form of communication? Why or why not? Provide specific examples in your answer.
2.
What are some of the ways that you, as an American or an international student, have been taught, or unconsciously learned, to synchronize your nonverbal behaviors?
Part B: Verbal
Instructions:
There are five interrelated sets of rules that combine to create a verbal code or language. In the middle column, define the five verbal rules that create the verbal code in a minimum of two sentences for each rule. In the last column, provide an example from both American culture and an international culture for each of the five rules of verbal codes. Then answer the questions on the following page.
Rule set
Definition
(2 or more sentences)
Examples
(1 American culture example and
1 international culture example)
(1) Phonology
(rules for word sounds)
(2) Morphology
(units of meaning in a word)
(3) Semantics
(distinct meaning of words)
(4) Syntax
(relationship of words to each other)
(5) Pragmatics
(effect on human perception)
1. What is one possible drawback of phonology if a nonnative speaker has poor accuracy? What might be done to master a new phonology?
2. What happens in the course of conversation when semantics causes confusion between you and the receiver? Provide a recent example.
3. what do you think Ludwig Wittgenstein meant when he said that “the limits of my language are the limits of my world”?
.
1. IntroductionWritten and Narrated by Professor Deni ElliottThe.docxcorbing9ttj
1. Introduction
Written and Narrated by Professor Deni Elliott
There are so many considerations in making ethical decisions, but what consideration is most important? Different cultures and ethical systems have produced theories that favor one consideration over others. The consideration that a theory favors is called a Fundamental Moral Unit, or FMU.
Many of the classical Western philosophers from the Greek and roman traditions favor the individual as the Fundamental Moral Unit. In these theories, the primary dictate is a negative statement: Don’t get in an individual’s way in his or her pursuit of the good life.
Feminist theories tend to determine the best choice based on how well those choices strengthen the connections among people and how well the needs of the most vulnerable are addressed. The fundamental moral unit here is relationship between people and is based on the belief that care should be given to those who can’t take care of themselves.
Some Eastern theories promote the overall good of the community first and foremost. And some indigenous theories stress human’s connection with the world as a whole, with all natural systems and species having an equal right to co-exist. People who grow up in these traditions expect that they and others will sacrifice individual self-interest for the good of the group and the environment. The Fundamental Moral Unit here is called "aggregate good."
Let’s consider a decision you might encounter if you were a member of your local city council. There is a 50 acre parcel of land in your city’s jurisdiction that was designated a hundred years ago to remain open space. Now the area contains some ancient Native burial grounds, but the tribe members a hundred years and tribe members today are happy with the designated use as long as the woodlands around the burial mounds stay intact. A developer would like to build a shopping mall there. As a city council member, you get to decide how that land will be used today: should it remain a park or become a shopping mall?
If you make your choice based only on the good that comes to individuals, you might be tempted to go with the shopping mall. The mall will provide jobs for many of the people in the community who are out of work and the additional income from the taxes from the new property owner and the businesses will allow the city to reduce taxes for individual home owners.
Which choice best advances the overall good of the community in which I live? The policy choice made previously to protect the land respected human connections to natural systems and was sensitive to the culture and history of a minority group. Affirming that decision helps all people in the community maintain trust in government.
We can see how the teachings from all of these traditions can help us in analyzing an important choice. And they can help us answer one more question: Can I find a choice that doesn’t cause harm to anyone or anything? If a shopping mall is a good idea for the .
1. IntroductionThe objective of this video is to introduce studen.docxcorbing9ttj
1. Introduction:
The objective of this video is to introduce students to the fundamental attribution error and its implications. One implication is that we often have a tendency to judge others unfairly because we do not take into account the situational factors that may have caused them to make unethical decisions. We jump to the conclusion that they are bad people because they did a bad thing. That said, it is important to remember that situational factors are usually explanations for while people err, they are not excuses. The best way to avoid this error, experts say, it to put ourselves in the shoes of others and try to envision the pressures they might have faced.
The other implication of the fundamental attribution error is that we may be too easy on ourselves, if we are not careful. We may too readily find situational factors, organizational pressures and the like and then simply excuse our own conduct.
The fundamental attribution error is the tendency to attribute "causes of behavior to actors (i.e., internal, dispositional factors) rather than the situation (i.e., external, environmental factors." We see that other people have done bad things, and we assume that it is because of their character rather than the fact that they were, perhaps, striving so hard to please their superiors that they did not even notice the ethical issue that they flubbed.
According to some psychologists, the other side of the coin from the fundamental attribution error is the actor-observer bias which is people’s tendency to over-emphasize the role of the situation in their own behaviors. They insist there’s nothing wrong with their character, because their errors are accounted for by some situational factor—the boss’s pressure, the need to feed their families, etc.
Francesca Gino writes: "In particular, one mistake we systematically make is known as the correspondence bias. When making attributions as we evaluate others, we tend to ascribe too little influence to the situation and too much to their dispositions. In simpler terms, we tend to believe that people’s behavior reflects their unique dispositions and skills, when many times it actually reflects aspects of the situation in which they find themselves." This sounds a lot like a different name for the fundamental attribution error.
2. Task – Watch the videos:
https://www.youtube.com/watch?v=mDhiyPAD6NQ
3. Activities:
1. If you met a famous white-collar criminal, what would you expect him (or, occasionally, her) to be like?
2. Why do you think it is so common to hear white collar criminals described by their neighbors as "the nicest guy," "a real family man," etc.?
3. Can you think of things that you have done in the past that you wish you hadn’t and that you do not believe represent your true character?
4. How can we endeavour to judge people’s character more accurately?
.
1. In the following sentence, which words are used as adjectivesT.docxcorbing9ttj
1. In the following sentence, which words are used as adjectives?
The golden rays of the bright sun reflected off the clear waters of the calm lake.
A. The, of, in, clear, and calm
B. Golden, rays, clear, and waters
C. The, rays, the, sun, the, waters, the, and lake
D. The, golden, the, bright, the, clear, the, and calm
2. In the following sentence, identify the prepositional phrase, and tell whether it acts as an adjective or
adverb.
The children found the pictures in the book interesting.
A. The children; adjective
B. in the book; adjective
C. found the pictures; adverb
D. the pictures in; adjective
3. In the following sentence, which words are nouns?
During their vacation, Sarah and Matthew read the same book.
A. vacation, Sarah, Matthew, and book
B. their and book
C. vacation and book
D. Sarah, Matthew, the, and book
4. A common term for photographs, cartoons, advertisements, illustrations, drawings, PowerPoint slides,
and graphics used to help present information is
A. representers.
B. sight perks.
C. ocular enhancements.
D. visuals.
5. Which of the following is not a common sentence error?
A. Mixed construction
B. Prepositional phrase
C. Fragment
D. Run-on
6. Which of the following words would require the article a, instead of an?
A. Hotel
B. Honest
C. Elderly
D. Igloo
7. Which of the following correctly describes connotation?
A. An implied meaning of word understood by language users
B. The meaning of a word that has never changed
C. A new word added to the dictionary
D. The pronunciation of a word
8. What is the difference between abstract nouns and concrete nouns?
A. Abstract nouns describe something, but concrete nouns don't.
B. Concrete nouns can be identified by the senses, but abstract nouns can't.
C. There is no difference.
D. Abstract nouns are specific, but concrete nouns aren't.
9. Which of the following is an antonym of the word happy?
A. Joyful
B. Miserable
C. Jovial
D. Blissful
10. Which of the following is a false statement about a basic dictionary?
A. In a basic dictionary, pictures are provided of every word.
B. Various types of words are included a basic dictionary.
C. The pronunciation of words is provided in a basic dictionary.
D. A basic dictionary is organized in alphabetical order.
11. Which of the following is not a synonym of the word beautiful?
A. Gorgeous
B. Attractive
C. Gritty
D. Stunning
12. In the following sentence, to which antecedent is the pronoun referring?
After Denise went to the grocery store, she stopped at the gas station.
A. store
B. Denise
C. she
D. station
13. Which of the following is an example of a third-person pronoun?
A. Ourselves
B. Yourselves
C. Them
D. Us
14. Which of the following is a correct statement about punctuation?
A. Each direct question should end with a period.
B. Punctuation marks show pauses, inflection, and emphasis.
C. Punctuation is usually an extra, unnecessary part of a sentence.
D. The two types of punctuation are beginning and external.
15. Which of the following is.
1. In the song Tonight from the musical West Side Story, the compo.docxcorbing9ttj
1. In the song "Tonight" from the musical West Side Story, the composer distributed two basic melodies
among different characters to create a kind of _______, in which nothing disappears but new layers are
constantly introduced.
A. dissonant form
B. layered presence
C. additive form
D. consonant counterpoint
2. The type of music that blended the musical styles of jump blues and honky-tonk was
A. rock 'n' roll.
B. hip hop.
C. jazz.
D. Motown.
3. _______ works are often playful in spirit, a reaction against the unrelenting seriousness of much
modernist art.
A. Postmodern
B. Neoclassical
C. Minimalist
D. Concerto
4. A modern-day retelling of Shakespeare's Romeo and Juliet is carried out in the musical
A. My Fair Lady.
B. The Mikado.
C. H.M.S. Pinafore.
D. West Side Story.
5. Which of the following musicals was the first to tackle the issue of racism?
A. Show Boat
B. My Fair Lady
C. Rent
D. South Pacific
6. A musical style that combines traditional and modern elements is called
A. exhibitionism.
B. postmodernism.
C. minimalism.
D. modernism.
7. Minimalist techniques have been applied in many different kinds of music, including
A. reggae.
B. hip-hop.
C. rock ‘n' roll.
D. techno.
8. Aaron Copland varies the _______ throughout his movement "Hoe-Down" to create variety.
A. theme
B. scene
C. movements
D. orchestration
9. Public Enemy's abrasive rap recording "Fight the Power" has a basic pulse of _______ beats per minute.
A. 60
B. 120
C. 106
D. 86
10. The _______ were interested in the hypnotic quality of the repeated melodic fragments and interlocked
patterns created by the gamelan.
A. minimalists
B. nationalists
C. impressionists
D. neoclassicists
11. Which of the following composers wrote the music for West Side Story?
A. Cole Porter
B. George M. Cohan
C. Jerome Kern
D. Leonard Bernstein
12. A chromatic scale consists entirely of
A. whole steps.
B. quarter steps.
C. half steps.
D. tonal centers.
13. Notes that begin a phrase before a downbeat are known as pick-up notes, or a/an
A. anacrusis.
B. shuffle groove.
C. call and response.
D. duck walk.
14. Which composer engaged in scholarly studies that focused on the social dimension of music and the
ways it's used within and between cultures?
A. John Williams
B. Béla Bartók
C. Leonard Bernstein
D. John Cage
15. Debussy's Voiles was inspired by a Javanese ensemble known as a
A. gong.
B. wave.
C. quartet.
D. gamelan.
16. On whose show did Elvis Presley make his famous debut?
A. Dick Clark
B. Ed Sullivan
C. Milton Berle
D. Steve Allen
17. Which composer's work has been likened to Brahms and Dvořák?
A. John Cage
B. Austin Wintory
C. John Williams
D. Philip Glass
18. Which of the following works can be likened to program music?
A. Sonata II
B. Concerto for Orchestra
C. "Nascence"
D. Concertino for Harp and Orchestra
19. What does the word kebyar mean?
A. Explosive
B. Ensemble
C. Shimmering
D. Interlocking
20. Which of the following is used in Sonata II's prepared piano?
A. Small pieces of rubber
B. Copper w.
1. IT Diffusion Models Please respond to the followingReview th.docxcorbing9ttj
1. "IT Diffusion Models" Please respond to the following:
Review the IT diffusion models, select two models, then compare and contrast how these models would facilitate a company in the country and business sector of your choice. Be sure to state your business sector. Then, explain how the IT diffusion models may affect it.
Describe the process of how a non-IT senior manager would arrive at the decision to support one IT diffusion model over another. List the factors that would have to be considered. Determine which model you would choose and explain why.
.
1. In many ways the underworld was considered dangerous, but there w.docxcorbing9ttj
1. In many ways the underworld was considered dangerous, but there were also benefits for the deceased. Explain how it was important for kings to build their funeray toms as part of the sun god's cycle.
2. explain how king hatsheput came into rule during the 18th dynasty
3. which king had the largest funerary complex at thebes?
a. KING THUTMOSEIII B KING HATSHEPSSET C KING AMENHOTEP D KING THUTMOSEI
4. red quartzite shrines were build into temples to ser down the sacred_________ caarying the cult statue of the deity.
5, Red graniti was used in status as a symbolic statement about the kings connections to deities and the sun. a True B False
6. King amenhotep's depictions underwent a phyical change after his first sed--------festival at the temple of luxor. what was different about his characteristic, and what did he own wear?
7. Both palaces and temples were built as microcosms of the world fromits very beggining A True B False
8. In contrast to the temples, there was little decorating relating directly to the deites instead, what type of images would your find in a palace?
9. durinf the festival of the wadi the living crossed to the west bank to visit their tombs of their relatives during this cisit, they would share meals and drink, hunt and fish perform the openning of the mouth ceremony manufacture jewelry and other precious objects.
10. often the store in rock-cut tombs was too poor in quality to create reliefs.describe the decoration technique used in these situations.
11. pleasted garments, such as those shown on this wooden statue, became fashion able in the late ________dynasty
a. 16th
b 18th
c 20th
d 21st
12. this eye symbol called a______ is associated with the god hours and was often depicted on amulets on coffins. the drop and spiral imitate the making of a falcon, and represents healing and making whole.
13. the goddess_______ is represented as a vuhiere with outstretched wings and included in funerary at the temple of king hatsheppsut basket, nekhbet, ma'at, sekment
14. many time statues would be holding nujars, and the hieroglyph of the nu-jar generally meantr what? protection, re-birth, to offer, sacred sun
15. why does king hat shepsut generally dissapear from sources, even after her reign was considered succeeeful?
16. describe what a stelophorous statue looks like.
17. due to king, amenhotp's increased on the solar aspects of deites, large open,________ counts were now individual in many temple complexes.
18. On stela depictions in the 18th dynasty only royal and divine figures would be placed below the sun disk a True B False
Please anser each question and send it back by each question
.
1. In Jules Henry’s view, how are values and drives related to e.docxcorbing9ttj
1.
In Jules Henry’s view, how are values and drives related to each other? (Points : 1)
Values determine how people behave, while drives are ways of acting that are required by circumstances.
Values are what people care enough to follow through on, while drives are followed out of necessity.
Values are ideals that people do not necessarily pursue, while drives are the motives people actually pursue.
They are synonyms.
Question 2.
2.
Which of the following best characterizes culture? (Points : 1)
A culture is a homogeneous system.
A culture can best be described as a simple listing of various characteristics.
A culture is a dynamic system.
Some cultures are dynamic, while others are stable.
Question 3.
3.
Which of the following theoretical perspectives distinguishes cultural anthropology from other disciplines? (Points : 1)
Humanism
Holism
Materialism
Ethnocentrism
Question 4.
4.
Which of the following is true of a belief system’s influence on how people think? (Points : 1)
Beliefs have no relationship to feelings.
In every culture, some beliefs are set forth as proper ways of thinking.
Beliefs are controlled by reality, not by culture.
Individuals may freely deviate from others in their beliefs with no likelihood of punishment.
Question 5.
5.
Sir Edward Burnett Tylor’s concept of survivals is best defined by which of the following? (Points : 1)
Cultural traits change the least because they are the means by which a society copes with its environment.
Primitive cultures have avoided extinction as more complex ways of life developed.
Evidence of major catastrophic events in the past.
Remnants of earlier social customs and ideas aid in reconstructing the evolutionary past of societies.
Question 6.
6.
Which of the following best defines culture? (Points : 1)
Learned system of beliefs, feelings, and rules that organize people’s lives
The pattern of a people’s customs
A people’s rules for living, based on a pattern of legal concepts
Biologically predetermined behavior patterns
Question 7.
7.
Ruth Benedict’s major contribution to the history of anthropology was which of the following ideas? (Points : 1)
Cultural traits have functions.
Ways of life are integrated wholes.
Cultures are dynamic.
Not all customs are functional.
Question 8.
8.
Values are (Points : 1)
descriptions of what is true or false.
feelings about what is true or false about the world.
feelings about what should or should not be considered good or bad.
feelings about personal likes and dislikes.
Question 9.
9.
Which of the following is NOT true of how children learn their culture? (Points : 1)
Acceptable behavior is often contrasted with unacceptable behavior.
Children observe and imitate others.
A sense of cooperation with.
1. If I wanted to test a certain chemical to see if it made mice run.docxcorbing9ttj
1. If I wanted to test a certain chemical to see if it made mice run faster. What steps would I take to test that? What would be my control? Form a hypothesis.
2. Which requires more energy? A reaction with an enzyme or a reaction without an enzyme?
3.Which has more energy? ATP or ADP?
4. Which has more potential energy? A ball on the ground or a ball at the top of a slide?
5. If I had an unknown liquid, how could I test to see if it was polar or non polar?
6. What are three characteristics of water that are
essential
to life on earth? And what makes them essential to life?
7. Which has more calories? 1 gram of carbohydrate, 1 gram of protein, or 1 gram of lipids?
8. If a scientist asks you to have "faith" in his science, what would you tell them?
9. Which requires more energy? Passive transport or active transport?
10. If cells lacked cholesterol, what would be the consequences to the cell membrane?
11. If I wanted to make a bean plant with a gene from a apple tree in it- What would be the first few steps I would have to take in the lab?
12. If I was given an unknown liquid and asked to find it's density, how could I do that?
13. If I put pure water into a bag made of a semi permeable membrane and place it into salt water. What will happen to the volume of the water in the bag and why?
14. What is the highest level of protein folding?
15. Why is the lipid bilayer referred to as a fluid and mosaic?
16.How many bonds can carbon make?
17. How many protons are in a Helium atom? And where in the atom are the protons?
18. If something is acidic, does it have a high or low pH? A high or low H+ concentration? Name an acidic liquid in your house.
19. What is something that has some of the characteristics of life, but, is not alive. Describe it and what characteristics of life it might have.
20.Why is it important to test insecticides and chemicals before releasing them into the environment?
.
1. Identify a community or aggregate you are currently involved wi.docxcorbing9ttj
1.
Identify a community or aggregate you are currently involved with at home (personal life) or at work. Cite some major value, major strengths, and health needs of your community or aggregate. How could a nurse work collaboratively with a community to build on these strengths and facilitate community empowerment? Keep in mind the different methods of community outreach the nurse could utilize.
2. Assurance is one of the three core functions of public health. Knowing what resources are available is part of this function. Find a resource in your community that could be used as a referral source and share information about the services provided. Who is eligible for the services? What could be done in order to improve the accessibility, acceptability, affordability, or availability of this resource in your community? Make sure to address all four of the A’s.
3. Spend time either walking around or sitting and watching people in a very busy public place. Look for things that you associate with people from race/ethnic, cultural, gender, and social-class backgrounds that are different from your own. Look for the kinds of common interactions or behaviors between different groups and those like your own. For example, do they acknowledge the other's presence if eye contact happens to occur? Do any behaviors change in the presence of other groups?
Consider what you expect to see based on your assumptions and understandings about persons of different backgrounds (how you expect them to dress, walk, talk, interact with each other, interact with others, etc). Make note of those things that catch your attention. Pay special attention to what you don't see as well. In two to three paragraphs, share your observations with the class. Please begin with, "In my observation..."
4. When traveling to other countries for business, it is important to know the male/female roles in each country. Not knowing these roles could cause problems in discussions and negotiations. If you were traveling to Saudi Arabia, New Zealand, Brazil, Thailand, the Czech Republic, Russia, or Rwanda, what would you need to know about the traditional male/female roles? Search the Internet for one or more of the above countries to find out about male/female roles. Share your findings with the class.
.
1. Identify and describe the steps of the scientific method. Which o.docxcorbing9ttj
1. Identify and describe the steps of the scientific method. Which observations do you think the scientists made leading up to this research study? Given your understanding of the experimental design, formulate a specific hypothesis that is being tested in this experiment. Describe the experimental design including control and treatment group(s), and dependent and independent variables. Summarize the results and the conclusion
.
1. How many time zones are there across the world2. Which map wou.docxcorbing9ttj
1. How many time zones are there across the world?
2. Which map would have the largest scale? a) city b) continent c) state d) world
3. Which method of data acquisition is not considered to be in the class of remote sensing? a) aerial photography b) weather satellite data c) landsat satellite data d) rain gauge data
4. Lines of latitude run (N/S or E/W) around the globe and are measured (N/S or E/W) of the Equator. Lines of longitude run (N/S or E/W) around the globe and are measured (N/S or E/W) of the Prime Meridian.
5. The world soil map has strong resemblance to the world climate map. Discuss the reasons for the similarities and differences between the two.
6. What is the external fuel that drives the atmosphere?
7. At the Tropic of Cancer the Sun is directly overhead at noon on the a) vernal equinox b) summer solstice c) autumnal equinox d) winter solstice
8. Which area receives the most seasonal variation in incoming radiation? a) equator b) high latitudes c) low latitudes d) tropics
9. What is word that means "the maximum amount of water vapor the air can hold"?
10. What is an urban heat island?
11. Precipitation occurs because air is warmed adiabatically as it rises. (True or False)
12. Periods of increasing glacier mass would likely be accompanied by decreasing ocean levels. (True or False)
13. Describe the greenhouse effect in terms of radiant energy exchanges.
14. What is "an extremely long ocean wave created by an underwater earthquake"?
15. Earthquakes are most likely to occur: a) in the center of tectonic plates b) at the equator c) where two tectonic plates meet d) none of the above
16. The place where the Earth's crust actually moves is the ____________ of an earthquake.
17. Most rivers have relatively gentle gradients in the headwaters and steep gradients in their downstream portions. (True or False)
18. Would one expect to find more soluble materials in the soil of an arid region or the soil of a humid region? Why?
19. What is the difference between mass movement and erosion?
20. What type of vegetation is dominant in savannas? (Be specific.)
.
1. How has society responded to coastal changes initiated by sand tr.docxcorbing9ttj
1. How has society responded to coastal changes initiated by sand transportation, and have these responses been wise environmentally and economically?
2.
What is the major danger of hurricanes to coastal areas and how has the federal government historically responded? Explain.
******Answers must be in APA format. Please cite reference(s) and page number for each question. Thanks
.
1. How has the economic geography of this region changed over the .docxcorbing9ttj
1. How has the economic geography of this region changed over the past few decades? Please discuss how globalization and outsourcing has impacted this entire region in terms of geography.
PART I: MAP ACTIVITY
Use the map below to identify all numbered areas.
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PART II: SHORT ESSAY
Please answer the following question in a 1-2 page short essay using APA Format.
Please be sure to use the course readings and/or other outside documented research to support all of your ideas, facts, and opinions.
Pick any individual country in
South, East, or Southeast Asia Realms and Regions
and then describe and explain its individual physical, historical, economic, political, cultural/human, and religious/spiritual geography.
How and why is it different than the countries it borders?
What future challenges do you see for this country?
Have you ever visited this country before?
Would you like to if you have not?
Why or why not?
PART III: GEOGRAPHY JOURNAL
Task #1.
Please utilize LIRN (you may visit the Academic Resource Center for a guide on how to utilize LIRN successfully) and search for one peer reviewed research article that covers any of the following:
identify the defining criteria for geographic realms and regions.
analyze geography’s spatial perspective as it applies to human activity.
differentiate among the major elements of the natural environment and their general geographic characteristics.
name and locate the three largest world population clusters.
examine the concept of cultural landscape.
explain the meaning of state.
analyze the spatial dimensions of economic development and the World Bank’s global classification scheme.
Then write a 1-2 page review/reaction/reflection paper describing that article using APA format (please visit the Academic Resource Center for a concise guide on APA format).
Be sure to include the following:
Goals/Objectives
: What is the purpose of the article?
What does it attempt to solve, determine, or demonstrate?
Data
: Which data are assessed or analyzed to determine if the goals/objectives are met?
Methods
: What specific methodology is used to analyze the data in the context of the goals?
Analysis/Conclusion
: What resulted from methods being applied to the data?
What do the author(s) conclude from the analysis or how do they interpret the analysis/results?
Your critical review of the article must include the following:
Assessment
: Were the goals and objectives clearly stated?
Did the goals match the methods and results?
Was the article easy to follow?
Importance
: What, in your view, is the importance of this research?
What impact
does
knowing this have on geography?
Improvement
: What, if anything, could the author(s) have done to impro.
1. Important nurses of the 19th century are often overshadowed by Ni.docxcorbing9ttj
1. Important nurses of the 19th century are often overshadowed by Nightingale’s prominence. Select one 19th century nurse other than Nightingale and describe his/her contributions to the profession.
2. Usability and interoperability are major issues to consider in the development of healthcare information systems (HIS). How does your organization address these issues? Does the transfer of information occur smoothly, or do you need to re-enter data from one application to the next—such as patient information from the emergency room that does not transfer—along with the patient who is admitted to the critical care unit? Or what happens when the patient is discharged and the home care nurses have to start from scratch as they prepare the patient’s plan of care?
3. This week's lesson points out key concepts in searching the National Library of Medicine's PubMed/MEDLINE database, your schools Library's EBSCO/CINAHL database, and Google Scholar. This week’s lesson directs you to links and resources on the basics of searching these three information sources. The tutorials are very helpful. You are strongly urged to view them prior to posting.
Locate one article in each of the data sources and briefly summarize each article.
.
1. In what ways did the Columbian Exchange impact the Americas, .docxcorbing9ttj
1. In what ways did the Columbian Exchange impact the Americas, Europe, and Africa?
2. The Puritans of Massachusetts Bay fled an established church and religious persecution in England. Why, then, did they promptly establish their own church and persecute dissenters?
3. What role did the colonies play in the British mercantilist system?
4. In what ways did “Salutary Neglect” influence future calls for independence?
Need at least 270 words and at least 2 citations
.
1. How did the conditions of life among descendants of African Slave.docxcorbing9ttj
1. How did the conditions of life among descendants of African Slaves in post-colonial Jamaica contribute to the origins of the Rastafarian tradition?
2. Mention and describe into details two ritual processes associated with the Rastafarian tradition.
3. In what ways are the Rastafarians counter-hegemonic?
Each question needs to be no less than 500 words each for a total of 1,500 words.
***Assignment is due Sunday April 19th, 2015 at 10:00pm EASTERN TIME***
.
1. If you adopt the _______ perspective, youll reject an emphasis o.docxcorbing9ttj
1. If you adopt the _______ perspective, you'll reject an emphasis on what goes on in people's minds in
favor of focusing on measurable behaviors that can be objectively measured.
A. psychodynamic
B. cognitive
C. behavioral
D. neuroscience
2. Among his oil-field buddies, Conrad was known as a cheerfully profane hard drinker who was seldom
averse to a barroom scrap. But, after he suffered a head injury in a car accident he returned to work as a
docile, timid man who could no longer deal with the violent activity of a drill rig platform. His physicians
determined that damage to his __________ was the likely cause of his changed behavior.
A. amygdala
B. cerebellum
C. thalamus
D. hippocampus
3. The left hemisphere of the cerebral cortex is more specialized in language functions and processing
information sequentially. The right hemisphere tends to specialize in spatial perception and distinguishing
patterns. These are examples of cortex
A. lateralization.
B. adaptation.
C. neuroplasticity.
D. evolution.
4. Among the advanced technologies used to study the brain's structure and functions, which one provides
detailed three-dimensional images of the brain's structures and activities?
A. Positron emission tomography
B. Functional magnetic resonance imaging
C. Electroencephalogram
D. Transcranial magnetic stimulation
5. A reflex, like automatically removing your hand from a hot stove, involves pain messages sent to the
spinal cord by way of _______ neurons, while the movement of your hand is controlled by _______
neurons.A. somatic; sensory
B. somatic; sympathetic
C. motor; sensory
D. sensory; motor
6. I study a sample of 100 high school students and find that student IQ scores increase significantly as the
level of reported parental income increases. I can conclude from this that
A. there's a negative relationship between parental income and children's IQ scores.
B. there's a positive correlation between parental income and children's IQ scores.
C. higher parental income causes an increase in children's IQ scores.
D. students get smarter when their parents earn more money.
7. Regarding the association areas of the cerebral cortex, which of the following statements is most
accurate?
A. Changes in personality may indicate damage to the association areas.
B. Most association areas are located in the left cerebral hemisphere.
C. The association areas are largely responsible for neurogenesis.
D. Association areas are to thinking as neuroplasticity is to language.
8. Under Weber's law, we'll notice a stimulus difference such that it will be a constant proportion of the
intensity of the initial stimulus. Thus, for weight, we'll notice a one-ounce difference in a weight of 50
ounces. Weber's law applies most directly to the concept of
A. perceived stimulus.
B. difference threshold.
C. absolute threshold.
D. sensory adaptation.
9. Agatha maintains that people are capable of freely making voluntary choices. Constance is mainly
focused on .
1. How are information systems transforming business and what is the.docxcorbing9ttj
1. How are information systems transforming business and what is their relationship to globalization? Give examples to illustrate your answer.
2. How do enterprise applications, collaboration and communication systems, and intranets improve organizational performance? Give examples to illustrate your answer
.
1. How can Fiedlers theory of the least preferred coworker help man.docxcorbing9ttj
1. How can Fiedler's theory of the least preferred coworker help managers become more effective? Provide specific examples.
2. Understanding Work Team
3. Power and Politics
4. Conflict and Negotiation
No more than 150 words for each topic - reference please
Due Date 4/18/15
Thanks!
.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
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Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
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U.S. Department of JusticeNational Institute of Correction
1. U.S. Department of Justice
National Institute of Corrections
D
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ME
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INSTITUTE OF C
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2. T
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CIVIL LIABILITIES
and Other Legal Issues for Probation/Parole Officers and
Supervisors
4th Edition
U.S. Department of Justice
National Institute of Corrections
320 First Street, NW
Washington, DC 20534
Morris L. Thigpen
Director
Thomas J. Beauclair
Deputy Director
George Keiser
Chief, Community Corrections Division
Dorothy Faust
Project Manager
National Institute of Corrections
www.nicic.gov
3. Civil liabilities
and Other Legal Issues for Probation/Parole Officers and
Supervisors
4th Edition
Phillip Lyons
Todd Jermstad
NIC Accession No. 027037
March 2013
This document was developed under cooperative agreement
number 08C77G7U3 from the National Institute of
Corrections, U.S. Department of Justice. Points of view or
opinions in this document are those of the authors and
do not necessarily represent the official opinion or policies of
the U.S. Department of Justice.
Contents
Chapter 1. An Overview of State and Federal Legal Liabilities
..................................... 1
Chapter 2. Civil Liability Under State Law: State Tort Cases
..................................... 13
Chapter 3. Civil Liability Under Federal Law: § 1983 Cases
...................................... 27
4. Chapter 4. Legal Representation, Attorneys’ Fees, and
Indemnification .................... 39
Chapter 5. Presentence and Preparole Investigations and Reports
........................... 55
Chapter 6. Supervision
...........................................................................................
81
Chapter 7. Conditions, Modifications, and Changes in Status
................................. 113
Chapter 8. Revocation
..........................................................................................
155
Chapter 9. Emerging Trends Concerning Liability of Probation
and Parole
Officers for Supervision
........................................................................ 185
Chapter 10. Vicarious Liability
.............................................................................. 203
Chapter 11. Direct Liability for Supervisors
............................................................ 215
Chapter 12. Agency Liability for Acts of Supervisors
.............................................. 239
Chapter 13. The Nature of Inmates’ Rights
............................................................ 247
Chapter 14. Inmates’ Rights at Parole Release Hearings
5. ....................................... 257
Chapter 15. Liability of Parole Officials for Crimes Committed
by
Released Offenders
............................................................................ 275
Chapter 16. Immunity for Parole Board Officials
..................................................... 285
Chapter 17. Questions, Specific Concerns, and General Advice
.............................. 291
iii
CHAPTER 1
AN OVERVIEW OF STATE AND
FEDERAL LEGAL LIABILITIES
INTRODUCTION
I. UNDER STATE LAW
A. Civil Liability Under State Tort Law
1. State Tort Law
2. State Civil Rights Laws
B. Criminal Liability Under State Law
1. State Penal Code Provisions Aimed Specifically at Public
Officers
2. Regular Penal Code Provisions Punishing Criminal Acts
6. II. UNDER FEDERAL LAW
A. Civil Liabilities
1. Title 42 of the U.S. Code, § 1983—Civil Action for
Deprivation of Rights
2. Title 42 of the U.S. Code, § 1985—Conspiracy to Interfere
With Civil Rights
3. Title 42 of the U.S. Code, § 1981—Equal Rights Under the
Law
B. Criminal Liabilities
1. Title 18 of the U.S. Code, § 242—Deprivation of Rights
Under Color of Law
2. Title 18 of the U.S. Code, § 241—Conspiracy Against
Rights
3. Title 18 of the U.S. Code, § 245—Federally Protected
Activities
III. MAY AN OFFICER BE HELD LIABLE UNDER ALL OF
THE ABOVE LAWS? YES.
IV. DIFFERENT RESULTS IF HELD LIABLE
V. POSSIBLE DEFENDANTS IN CIVIL LIABILITY CASES
A. Government Agency as Defendant
B. Individual Officers as Defendants
1. State Officers
2. Officers of Local Agencies
VI. KINDS OF DAMAGES AWARDED IN CIVIL LIABILITY
CASES
A. Actual or Compensatory Damages
B. Nominal Damages
7. C. Punitive or Exemplary Damages
SUMMARY
NOTES
1
An Overview of State and Federal Legal Liabilities
CHAPTER 1
3
INTRODUCTION
The array of legal liabilities to which probation/parole officers
may be exposed are many and varied.
They include state and federal laws of both civil and criminal
varieties. An overview of these liabilities
is depicted in Table 1–1.
Note that in addition to these statutory sources of liability, the
officer may be subject to administrative
disciplinary procedures within the agency that can result in
transfer, suspension, demotion, dismiss-
al, or other forms of sanction. Disciplinary procedures are
defined by state law or agency policy.
The above legal liabilities apply to all public officers and not
just to probation/parole officers. Police of-
ficers, jailers, prison officials, juvenile officers, and just about
any officer in the criminal justice system
8. may be held liable for any or all of the above provisions based
on a single act. For example, assume
that a parole officer unjustifiably uses excessive force on a
parolee. Conceivably, he or she may be
liable under all of the above provisions. He or she may be liable
for conspiracy if he or she acted
with another to deprive the parolee of his civil rights, as well as
for the act itself, which constitutes
the deprivation. The same parole officer may be prosecuted
criminally and civilly under federal law
and then be held criminally and civilly liable under state law for
the same act. The double jeopardy
defense cannot exempt him or her from multiple liabilities
because double jeopardy applies only in
criminal (not civil) cases, and only when two criminal
prosecutions are made for the same offense by
the same jurisdiction. Criminal prosecution under state and then
under federal law for the same act is
possible and occurs with some frequency. If this occurs, it often
indicates that the second prosecuting
authority believes that justice was not served in the first
prosecution.
All of the above types of liability are discussed briefly in this
chapter. As indicated, liability can be
classified according to federal or state law.
Table 1–1. Classification of Legal Liabilities Under State and
Federal Law
State Law Federal Law
Ci
vi
l
9. Li
ab
ili
tie
s 1. State tort law 1. Title 42 of the U.S. Code, § 1983—Civil
Action for Deprivation of Rights
2. State civil rights laws 2. Title 42 of the U.S. Code, § 1985—
Conspiracy to Interfere With Civil Rights
3. Title 42 of the U.S. Code, § 1981—Equal Rights Under the
Law
Cr
im
in
al
Li
ab
ili
tie
s 1. State penal code provisions aimed specifically at public
officers 1. Title 18 of the U.S. Code, § 242—Deprivation of
Rights Under Color of Law
2. Regular penal code provisions punishing criminal acts 2.
Title 18 of the U.S. Code, § 241—Conspiracy Against Rights
3. Title 18 of the U.S. Code, § 245—Federally Protected
10. Activities
Civil Liabilities and Other Legal Issues for Probation/Parole
Officers and Supervisors, 4th Edition
CHAPTER 1
4
I. UNDER STATE LAW
There are two basic types of liability under state law: civil and
criminal.
A. Civil Liability Under State Tort Law
1. State Tort Law
This type of liability is more fully discussed in Chapter 2 (State
Tort Cases). For purposes of this
overview, the following information should suffice.
A tort is defined as “A civil wrong, other than breach of
contract, for which a remedy may be obtained,
usually in the form of damages; a breach of a duty that the law
imposes on persons who stand in
a particular relation to one another.”1 Torts may involve a
wrongdoing against a person, such as
assault, battery, false arrest, false imprisonment, invasion of
privacy, libel, slander, wrongful death,
and malicious prosecution; or against property, such as arson,
conversion, or trespass. A tort may be
intentional (acts based on the intent of the actor to cause a
certain event or harm) or caused by neg-
ligence. Probation/parole officers may therefore be held liable
11. for a tortious act that causes damage
to the person or property of another. Note that § 1983 actions,
federal cases, are sometimes referred
to as “tort cases,” but the reference is to federal rather than
state torts.
2. State Civil Rights Laws
Many states have passed civil rights laws of their own, either
replicating the various federal laws
that have been enacted or devising new categories of protected
rights. For example, the Federal
Civil Rights Act of 1964 prohibits discrimination on the basis
of race, religion, color, national origin,
sex, and pregnancy. These laws are enforceable by the federal
government, but they may also be
enforceable by the state if they have also been enacted as state
statutes. The penalty or punishment
imposed through such state statutes, therefore, is at the state
level.
B. Criminal Liability Under State Law
1. State Penal Code Provisions Aimed Specifically at Public
Officers
State criminal liability can come under a provision of the state
penal code specifically designed for
public officers. For example, § 39.03 of the Texas Penal Code
contains a provision on “Official Op-
pression” that states that a public servant acting under color of
his office or employment commits an
offense if he:
a. Intentionally subjects another to mistreatment or to arrest,
detention, search, seizure, disposses-
12. sion, assessment, or lien that he knows is unlawful; b.
intentionally denies or impedes another
in the exercise or enjoyment of any right, privilege, power, or
immunity, knowing his conduct is
unlawful; or c. intentionally subjects another to sexual
harassment.2
A questionnaire sent to state attorneys general and
probation/parole agency legal counsel asked if
their states had statutes providing for criminal liability for
probation, parole, and public officers in gen-
eral. The results show that only a few states have statutes
pertaining to liability for probation/parole
officers specifically, 8 percent in both cases, but 84 percent of
the states have statutes concerning
the criminal liability of public officers in general.
2. Regular Penal Code Provisions Punishing Criminal Acts
In addition to specific provisions aimed only at public officials,
probation/parole officers may also be
liable like any other person under the provisions of the state
criminal laws. The state criminal codes,
for example, impose criminal liability on anyone who commits
murder, manslaughter, assault, and so
forth as against any other person.
An Overview of State and Federal Legal Liabilities
CHAPTER 1
5
II. UNDER FEDERAL LAW
13. A. Civil Liabilities
1. Title 42 of the U.S. Code, § 1983—Civil Action for
Deprivation of Rights
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State
or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United
States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, shall be liable
to the party injured in action at law,
suit in equity, or other proper proceeding for redress, except
that in any action brought against a
judicial officer for an act or omission taken in such officer’s
judicial capacity, injunctive relief shall not
be granted unless a declaratory decree was violated or
declaratory relief was unavailable. For the
purposes of this section, any Act of Congress applicable
exclusively to the District of Columbia shall
be considered to be a statute of the District of Columbia.3
This section is discussed separately in Chapter 3 because of the
overwhelming number of civil liabil-
ity cases filed under this section. Refer to that chapter for an
exhaustive discussion of liability under
federal law.
2. Title 42 of the U.S. Code, § 1985—Conspiracy to Interfere
With Civil Rights
Section 1985(3) provides a civil remedy against any two or
more persons who “conspire … for the
purpose of depriving … any person or class of persons of the
14. equal protection of the laws, or of
equal privileges and immunities under the laws….”4
Passed by Congress in 1861, this law provides for civil damages
to be awarded to any individual who
can show that two or more persons conspired to deprive her of
her civil rights. Note that a probation/
parole officer may therefore be held civilly liable not only for
actually depriving a person of her civil
rights (under § 1983), but also for conspiring to deprive that
person of his civil rights (under § 1985).
The two acts are separate and distinct and therefore may be
punished separately. Under this section,
it must be shown that the officers had a meeting of the minds
and actually agreed to commit the act,
although no exact statement of a common goal need be proven.
In most cases, the act is felonious
in its severity (as opposed to a misdemeanor) and is aimed at
depriving the plaintiff of her civil rights.
The plaintiff must also be able to prove that the defendants
purposely intended to deprive her of
equal protection of the law. This section, however, is seldom
used against public officers because the
act of conspiracy is often difficult to prove except through the
testimony of coconspirators. Moreover,
it is limited to situations in which the objective of the
conspiracy is invidious discrimination, which
is difficult to prove in court. It is difficult for a plaintiff to
establish in a trial that the probation/parole
officer’s action was discriminatory based on sex, race, or
national origin.
3. Title 42 of the U.S. Code, § 1981—Equal Rights Under the
Law
All persons within the jurisdiction of the United States shall
15. have the same right in every State and
Territory to make and enforce contracts, to sue, be parties, give
evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons
and property as is enjoyed by white
citizens, and shall be subject to like punishment, pains,
penalties, taxes, licenses, and exactions of
every kind, and to no other.
***
For purposes of this section, the term “make and enforce
contracts” includes the making, perfor-
mance, modification, and termination of contracts, and the
enjoyment of all benefits, privileges, terms
and conditions of the contractual relationship.
Civil Liabilities and Other Legal Issues for Probation/Parole
Officers and Supervisors, 4th Edition
CHAPTER 1
6
***
The rights protected by this section are protected against
impairment by nongovernmental discrimi-
nation and impairment under color of State law.5
This section was passed in 1870, a year earlier than § 1983.
Originally, the plaintiff had to show that
he was discriminated against because of his race, thus limiting
the number of potential plaintiffs.
16. Section 1981 has been widely used in employment and housing
discrimination cases (under its con-
tracts and equal benefits provisions). However, the like
punishments provision should be of greater
significance for probation and parole authorities because
criminal justice system officials have been
held liable for violating its mandate.6
B. Criminal Liabilities
1. Title 18 of the U.S. Code, § 242— Deprivation of Rights
Under Color of Law
Whoever, under color of any law, statute, ordinance, regulation,
or custom, willfully subjects any
person of any State, Territory, Commonwealth, Possession, or
District to the deprivation of any rights,
privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to
different punishments, pains, or penalties on account of such
person being an alien, or by reason of
his color, or race than are prescribed for the punishment of
citizens, shall be fined under this title or
imprisoned not more than one year, or both; and if bodily injury
results from the acts committed in
violation of this section or if such acts include the use,
attempted use, or threatened use of a danger-
ous weapon, explosives, or fire, shall be fined under this title or
imprisoned not more than ten years,
or both; and if death results from the acts committed in
violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse, or
an attempt to commit aggravated
sexual abuse, or an attempt to kill, shall be fined under this
title, or imprisoned for any term of years
17. or for life, or both, or may be sentenced to death.7
This section provides for criminal action against any officer
who actually deprives another of his civil
rights. An essential element of this section requires the
government to show that the officer, acting
“under color of any law,” did actually commit an act that
amounted to the deprivation of one’s civil
rights. Essential elements of § 242 are the following: (a) the
defendant must have been acting under
color of law; (b) a deprivation of any right secured by the
United States Constitution or federal laws;
and (c) specific intent on the part of the defendant to deprive
the victim of rights.
2. Title 18 of the U.S. Code, § 241— Conspiracy Against Rights
If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State,
Territory, Commonwealth, Possession, or District in the free
exercise or enjoyment of any right or
privilege secured to him by the Constitution or laws of the
United States, or because of his having
exercised the same; or
If two or more persons go in disguise on the highway, or on the
premises of another, with the intent
to prevent or hinder his free exercise or enjoyment of any right
or privilege so secured—They shall
be fined under this title or imprisoned not more than ten years,
or both; and if death results from the
acts committed in violation of this section or if such acts
include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated
sexual abuse, or an attempt to kill,
they shall be fined under this title or imprisoned for any term of
18. years or for life, or both, or may be
sentenced to death.8
The courts have interpreted this section as requiring the
following: (1) the existence of a conspiracy
whose purpose is to injure, oppress, threaten, or intimidate; (2)
one or more of the intended victims
must be a United States citizen; and (3) the conspiracy must be
directed at the free exercise or
An Overview of State and Federal Legal Liabilities
CHAPTER 1
7
enjoyment by such a citizen of any right or privilege under
federal laws or the United States
Constitution.
The main distinction between § 242 and § 241 is that § 242
punishes the act of depriving one of
rights, whereas § 241 punishes the conspiracy to so deprive one
of rights. Inasmuch as conspiracy,
by definition, requires at least two participants, § 241 cannot be
committed by a person acting alone.
Moreover, although § 242 requires the officer to be acting the
“color of any law,” there is no such
requirement under § 241; hence, a private person can commit a
§ 241 violation.
3. Title 18 of the U.S. Code, § 245— Federally Protected
Activities
19. This section applies to all individuals and, therefore, applies to
public officers who forcibly interfere
with such federally protected activities as:
■ Voting or running for an elective office.
■ Participating in government-administered programs.
■ Applying for or enjoying the benefits of federal employment.
■ Serving as juror in a federal court.
■ Participating in any program receiving federal financial
assistance.9
Violations of § 245 carry a fine or imprisonment of not more
than 1 year, or both. Should bodily
injury result from a violation, or if such acts include the use,
attempted use, or threatened use of
a dangerous weapon, explosive, or fire, the violator may be
fined or imprisoned not more than 10
years, or both. Should death result from the acts committed in
violation of this section, or if such acts
include kidnapping, attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated
sexual abuse, or an attempt to kill, the violator may be fined
under this title or imprisoned for any
term of years or for life, or both, or may be sentenced to
death.10 This statute, passed in 1968, seeks
to punish all persons who forcibly interfere with federally
protected activities. Therefore, it applies to
probation/parole officers who act in their private capacity. The
first part of the law penalizes a variety
of acts as noted above. The act goes on to authorize punishment
for deprivations of such rights as
attending a public school or college; participating in state or
20. locally sponsored programs; serving
on a state jury; participating in interstate travel; or using
accommodations serving the public, such
as eating places, gas stations, and motels. Finally, the act
penalizes interference of persons who
encourage or give an opportunity for others to participate in or
enjoy the rights enumerated in the
statute. It is distinguished from sections 241 and 242 in that a
person acting singly and in a private
capacity can violate it. This law is seldom used at present.
III. MAY AN OFFICER BE HELD LIABLE UNDER ALL
OF THE ABOVE LAWS? YES.
The entire array of laws outlined above may apply to a
probation/parole officer based on a single act
if the required elements for liability are present. For example,
an act of an officer that leads to the
wrongful death of an offender may subject the officer to
liability under state and federal laws. Under
each, the officer may be held liable civilly, criminally.
Moreover, the officer can be punished by his
agency through administrative sanctions.
The defense of double jeopardy does not apply in these cases
because that defense is available
only if there are successive prosecutions for the same offense
by the same jurisdiction.11 Civil and
criminal penalties imposed by the same government may result
from a single act because “succes-
sive prosecution” means that both cases are criminal; hence, it
does not apply if one case is criminal
Civil Liabilities and Other Legal Issues for Probation/Parole
Officers and Supervisors, 4th Edition
21. CHAPTER 1
8
and the other civil. Criminal prosecutions may also take place in
state court and federal court for the
same act. There is no double jeopardy because of the “same
jurisdiction” requirement for the de-
fense. State and federal prosecutions take place in different
jurisdictions; therefore, there is no double
jeopardy. There is also no double jeopardy protection if an
employee is dismissed from employment
or otherwise disciplined by her agency and then either
prosecuted, or held civilly liable, for the same
act. This is so because agency discipline, like a civil action, is
not a criminal proceeding.
The series of events involving the defendant police officers in
the infamous Rodney King case
provides an example of how double jeopardy protection applies
and, importantly, how it does not.
In that case, the officers were first suspended and then
dismissed from employment by the agency
(administrative liability). They were then tried for criminal acts
in state court, but were acquitted. After
acquittal, they were tried again for criminal acts in federal
court. Two of the four defendants were ac-
quitted in federal court, but the other two were convicted and
served time in a federal institution. The
officers raised the double jeopardy defense on appeal, but did
not prevail because they were tried by
two different jurisdictions. The officers were also held liable
for civil damages.
IV. DIFFERENT RESULTS IF HELD LIABLE
22. Civil liability results in payment of money by the defendant to
the plaintiff for damages caused. In
civil liability cases, therefore, the plaintiff seeks money. In §
1983 cases, the plaintiff may also seek
changes in agency policy or practice in addition to monetary
compensation. Sanctions imposed in
criminal cases include time in jail or prison, probation, fine,
restitution, or other sanctions authorized
by law and imposed by the judge. Administrative sanctions
include dismissal, demotion, transfer,
reprimand, warning, or other sanctions that are authorized by
agency policy or state law.
V. POSSIBLE DEFENDANTS IN CIVIL
LIABILITY CASES
Using the “deep pockets” approach (plaintiffs usually include as
defendants those who are best
positioned to satisfy a monetary judgment against them),
plaintiffs generally include as defendants
anybody who might possibly have anything to do with a case.
This might include the probation/parole
officer, the supervisors, and the governmental agency that is the
employer of the alleged offending
officer. The assumption is that probation/parole officers have
shallow pockets, whereas supervisors
and agencies have deep pockets. Resolving the question of who
is responsible for what amounts is
usually determined by state law (See Chapter 4 on
Indemnification).
A. Government Agency as Defendant
In lawsuits against the agency, immunity usually attaches if the
defendant is a state agency. This is
because states (and the federal government) enjoy sovereign
immunity, a doctrine stemming from
23. the common law concept that “the King can do no wrong,”
hence cannot be sued or held liable.
Sovereign immunity, however, may be waived through law or
judicial decision, and many jurisdictions
have waived it. Congress, for example, has waived most of the
federal government’s sovereign immu-
nity. Where sovereign immunity does exist in a state, the
question arises as to whether the particular
function involved was governmental (for which there is
immunity) or proprietary (for which there is no
immunity). This is a complex area of law and decisions vary
from state to state.
The rule concerning local governments is different. Local
governments are subject to liability under
the United States Supreme Court’s decision in Monell v.
Department of Social Services.12 In the
1978 Monell decision, the Court stripped local agencies of the
sovereign immunity defense.
An Overview of State and Federal Legal Liabilities
CHAPTER 1
9
Therefore, counties, judicial districts, municipalities, or other
political subdivisions may be sued and
held liable for what their employees do.
B. Individual Officers as Defendants
1. State Officers
24. Although state agencies are generally exempt from liability for
their governmental activities unless
sovereign immunity is waived, immunity ordinarily is
unavailable to individual state officers who are
sued. Therefore, members of state probation/parole boards may
be sued as individuals. The fact that
a state provides counsel, or indemnifies the officer if held
liable, does not mean that the state has
consented to be sued. It simply means that, if held liable, the
officer pays the damages and the state
indemnifies or reimburses him. All officers, state or local, may
therefore be sued in their individual
capacity under § 1983.
2. Officers of Local Agencies
Officers of counties, judicial districts, municipalities, or other
political subdivisions may be sued in
their official or individual capacities. As in the case of state
officers, however, plaintiffs will likely sue
officers in their official capacities so they can include their
supervisors and agencies as defendants.
VI. KINDS OF DAMAGES AWARDED IN CIVIL
LIABILITY CASES
In general, three kinds of damages may be awarded in civil
liability cases, particularly to those who
file under state tort law:
A. Actual or Compensatory Damages
These damages reduce to monetary terms all actual injuries
shown by the plaintiff. Consequential
damages, such as medical bills and lost wages, are termed
“special damages” and are included in
the category of compensatory damages.
25. B. Nominal Damages
These are an acknowledgment by the court that the plaintiff
proved his cause of action, usually in the
amount of $1. When the plaintiff was wronged but suffered no
actual injury, nominal damages would
be appropriate.
In one case, Brooker v. N.Y., for example, a plaintiff who was
arrested by state police officers, was
grabbed by the neck and pulled out of a tavern. In a claim
alleging assault and battery, the court
awarded $1 in nominal damages, finding that the plaintiff
suffered “no injury” from the use of force
and made “embarrassingly phony” moans of pain only when
someone started to videotape the
events.13 Courts, have held that a nominal damage award must
be entered where a constitutional
violation has been found, even if no actual damages resulted.14
Where nominal damages vindicate the plaintiff as wronged, the
door to punitive damages is opened,
with or without a compensatory damage award. Nominal
damages also lay the basis for awarding
1983 attorney fees in that they identify the prevailing party.
These fees are not automatic in cases
involving nominal damages, however; the Supreme Court has
held that courts must …
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
26. BJS
Special Report
April 2014 ncj 244205
Recidivism of Prisoners Released in 30 States
in 2005: Patterns from 2005 to 2010
Matthew R. Durose, Alexia D. Cooper, Ph.D., and Howard N.
Snyder, Ph.D., BJS Statisticians
Overall, 67.8% of the 404,638 state prisoners released in 2005
in 30 states were arrested within 3 years of release,
and 76.6% were arrested within 5 years of
release (figure 1). Among prisoners released in
2005 in 23 states with available data on inmates
returned to prison, 49.7% had either a parole
or probation violation or an arrest for a new
offense within 3 years that led to imprisonment,
and 55.1% had a parole or probation violation
or an arrest that led to imprisonment within
5 years.
While prior Bureau of Justice Statistics (BJS)
prisoner recidivism reports tracked inmates
for 3 years following release, this report used
a 5-year follow-up period. The longer window
provides supplementary information for
policymakers and practitioners on the officially
recognized criminal behavior of released
prisoners. While 20.5% of released prisoners
not arrested within 2 years of release were
arrested in the third year, the percentage fell to
13.3% among those who had not been arrested
within 4 years. The longer recidivism period
also provides a more complete assessment of
27. the number and types of crimes committed
by released persons in the years following
their release.
HIGHLIGHTS
Among state prisoners released in 30 states in 2005—
� About two-thirds (67.8%) of released prisoners were
arrested for a new crime within 3 years, and three-quarters
(76.6%) were arrested within 5 years.
� Within 5 years of release, 82.1% of property offenders
were arrested for a new crime, compared to 76.9% of drug
offenders, 73.6% of public order offenders, and 71.3% of
violent offenders.
� More than a third (36.8%) of all prisoners who were arrested
within 5 years of release were arrested within the first
6 months after release, with more than half (56.7%) arrested
by the end of the first year.
� Two in five (42.3%) released prisoners were either not
arrested or arrested once in the 5 years after their release.
� A sixth (16.1%) of released prisoners were responsible for
almost half (48.4%) of the nearly 1.2 million arrests that
occurred in the 5-year follow-up period.
� An estimated 10.9% of released prisoners were arrested in
a state other than the one that released them during the
5-year follow-up period.
� Within 5 years of release, 84.1% of inmates who were age 24
or younger at release were arrested, compared to 78.6% of
inmates ages 25 to 39 and 69.2% of those age 40 or older.
28. 0
20
40
60
80
100
Return to prisonb
Convictionc
Arresta
60544842363024181260
Percent who recidivated
Time from release to �rst arrest (in months)
Figure 1
Recidivism of prisoners released in 30 states in 2005, by time
from
release to first arrest that led to recidivating event
Note: Prisoners were tracked for 5 years following release in 30
states. Some states were excluded
from the specific measures of recidivism. See Methodology.
aBased on time from release to first arrest among inmates
released in 30 states.
bBased on time from release to first arrest that led to a prison
sentence or first prison admission
29. for a technical violation without a new sentence among inmates
released in 23 states.
cBased on time from release to first arrest that led to a
conviction among inmates released in 29
states.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in 2005 data collection.
2Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
Factors contributing to differences with prior BJS studies
Policymakers, practitioners, researchers, and the general
public may be interested in understanding how the 2005
prisoner recidivism rates in this report compare with those in
the previous BJS recidivism study that measured prisoners
released in 1994. While both the 1994 and 2005 studies were
based on systematic samples of persons released from state
prisons, direct comparisons between the published recidivism
statistics should not be made.
Adjustments for some differences in the 1994
and 2005 prison populations are possible
One reason for not directly comparing the 1994 and 2005
recidivism estimates relates to differences in the attributes
of the prisoners included in the two samples. The number of
states contributing released prisoners to the study increased
from 15 in 1994 to 30 in 2005. To control for this difference,
BJS conducted analyses that limited the comparison to the
post-release arrest rates among the inmates released in the
12 states (California, Florida, Maryland, Michigan, Minnesota,
New Jersey, New York, North Carolina, Ohio, Oregon, Texas,
and Virginia) that participated in both studies. Among the
30. inmates released in these 12 states, an estimated 66.9% of
the 249,657 inmates released in 1994 were arrested for a
new crime within 3 years, compared to an estimated 69.3%
of the 286,829 inmates released in 2005—a 2.4 percentage
point difference.
Another difference between the two studies involved the
demographic and offending characteristics of prisoners
released from the state prisons, attributes known to be related
to recidivism. For example, the proportion of inmates who
were age 40 or older at release increased from 17.2% in the
1994 sample to 32.1% in the 2005 sample. In addition, the
proportion who were in prison for a violent offense increased
from 22.4% in the 1994 sample to 27.4% in the 2005 sample
(table 1).
Table 1
Characteristics of prisoners released in 12 states in 1994
and 2005
Characteristic 1994 2005
All released prisoners 100% 100%
Sex
Male 91.2% 89.9%
Female 8.8 10.1
Race/Hispanic origin
Whitea 32.2% 35.4%
Black/African Americana 46.2 40.5
Hispanic/Latino 20.9 22.4
Othera,b 0.7 1.8
Age at release
24 or younger 20.6% 16.9%
25–29 22.7 18.9
31. 30–34 23.0 16.0
35–39 16.6 16.1
40 or older 17.2 32.1
Most serious commitment offense
Violent 22.4% 27.4%
Property 33.2 29.1
Drug 33.0 31.4
Public orderc 11.4 12.1
Number of released prisoners 249,657 286,829
Note: Estimates based on a sample of 29,387 prisoners released
in 1994 and a
sample of 34,649 prisoners released in 2005 in the 12 states that
participated
in both studies (California, Florida, Maryland, Michigan,
Minnesota, New
Jersey, New York, North Carolina, Ohio, Oregon, Texas, and
Virginia). Data on
the sex of prisoners released in 1994 were known for 100% of
cases, race and
Hispanic origin for 99.9%, and age at release for nearly 100%.
Data on the
sex of prisoners released in 2005 were known for 100% of
cases, race and
Hispanic origin for 99.8%, and age at release for 100%. See
appendix table 1
for standard errors.
aExcludes persons of Hispanic or Latino origin.
bIncludes persons identified as American Indian or Alaska
Native; Asian,
Native Hawaiian, or other Pacific Islander; and persons of other
races.
cIncludes cases in which the prisoner’s most serious offense
was unspecified.
Source: Bureau of Justice Statistics, Recidivism of State
32. Prisoners Released in
1994 and 2005 data collections.
Continued on next page.
3Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
BJS standardized the demographic (i.e., sex, race, Hispanic
origin, and age) and commitment offense distribution of the
2005 cohort to the distribution of the 1994 cohort to control
for the effects these factors had on the overall recidivism
estimates. (See Methodology for more information.) These
calculations produced the 3-year arrest rate of prisoners
released in 2005 that would have been observed if the 2005
release cohort had the characteristics of the 1994 cohort. After
adjusting for these compositional differences, the estimated
percentage of the 2005 released prisoners who were arrested
within 3 years rose to 71.6%, a recidivism rate 4.7% greater
than the 1994 estimate (66.9%) (table 2). However, these
analyses only partially address the differences between the
1994 and 2005 studies.
Additional death records on released prisoners
leads to increases in recidivism rates
A critical difference between the 1994 and 2005 studies was
the use of the Social Security Administration’s public Death
Master File (DMF) in the 2005 study to identify individuals
who died during the follow-up period. (See Methodology for
more information.) These individuals should be removed from
the analysis because they artificially reduce the calculated
recidivism rates. The 1994 study limited the identification of
released prisoners who died to those who had an indication
33. of death on their criminal history record (i.e., rap sheet). The
2005 study supplemented the death information obtained
from the FBI’s Interstate Identification Index (III) with the
DMF data. Based on both sources of information, 1,595 of the
70,878 inmates sampled for the 2005 study had died during
the 5-year follow-up period. Less than 10% of those deaths
were captured in the fingerprint verified death information
that criminal justice agencies submitted to the FBI’s III system.
If the DMF data had not been used in the 2005 study and
the rap sheets of these individuals had been included in the
analyses, the estimated 5-year recidivism rate would have
been about one-half of one percent lower.
Effec ts of the criminal histor y record
improvements on recidivism research are
difficult to quantify
Direct comparisons between the published recidivism rates
from the 1994 and the new 2005 study are also difficult due
to the completeness of the criminal history records available
to BJS at the time of the data collections. Both studies were
based on fingerprint-verified automated rap sheets stored in
the FBI and the state repositories. While both studies relied
on records within the FBI’s III system for information on the
arrests and prosecutions that occurred outside of the states that
released the inmates, the 2005 study used new data collection
capabilities to directly access the criminal history record
systems
of all 50 states and obtain more comprehensive out-of-state
information than what was available for the 1994 study. (See
Methodology for more information.) In addition, BJS was
unable
to obtain any out-of-state criminal history information on
the prisoners released in one state in the 1994 study due to a
nondisclosure agreement.
34. Table 2
Population-adjusted percent of prisoners arrested for a
new crime within 3 years following release in 12 states in
1994 and 2005, by demographic characteristics and most
serious commitment offense
Characteristic 1994 2005a
All released prisoners 66.9% 71.6%**
Sex
Male 67.8% 72.5%**
Female 57.2 62.9**
Race/Hispanic origin
Whiteb 61.7% 68.8%**
Black/African Americanb 71.9 74.0**
Hispanic/Latino 64.6 70.7**
Otherb ,c 53.6 72.6**
Age at release
24 or younger 74.7% 78.2%**
25–29 69.8 73.4**
30–34 68.3 70.3
35–39 66.3 71.8**
40 or older 52.4 62.9**
Most serious commitment offense
Violent 60.9% 65.6%**
Property 73.2 77.6**
Drug 66.3 71.4**
Public orderd 62.2 66.9**
Number of released prisoners 249,658 286,011
Note: Estimates based on a sample of 29,387 prisoners released
in 1994 and a
35. sample of 34,649 prisoners released in 2005 in the 12 states that
participated
in both studies. See appendix table 2 for standard errors.
**Difference between the estimate on the 1994 cohort and the
estimate on
the standardized 2005 cohort was statistically significant at or
above the 95%
confidence interval.
aEstimates of inmates released in 2005 have been standardized
to the
distribution of inmates released in 1994 by sex, race, Hispanic
origin, age at
release, and most serious commitment offense. The unadjusted
estimate for
the 2005 cohort was 69.3%.
bExcludes persons of Hispanic or Latino origin.
cIncludes persons identified as American Indian or Alaska
Native; Asian,
Native Hawaiian, or other Pacific Islander; and persons of other
races.
dIncludes cases in which the prisoner’s most serious offense
was unspecified.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in
1994 and 2005 data collections.
Continued on next page.
Factors contributing to differences with prior BJS studies
(continued)
4Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
36. The improved reporting of arrests and prosecutions
maintained by the FBI and state repositories in the decade
between the two studies also resulted in more complete
documentation of the official criminal records of prisoners
released in 2005. The quality of rap sheets has improved since
the mid-1990s due to efforts funded by individual states and
by BJS’s National Criminal History Improvement Program
(NCHIP), which awarded more than $500 million over this
period to states for criminal history record improvements. As a
result, many existing paper arrest records were automated and
stored within a computerized criminal history system. Also,
the growth in the use of automated fingerprint technology
(e.g., livescan) reduced the proportion of illegible fingerprint
images delivered to the repositories, resulting in more arrests
and court adjudications being recorded on the rap sheets.
In addition, while local law enforcement agencies historically
limited their criminal history repository submissions to arrests
for felonies and serious misdemeanors, the reporting of less
serious misdemeanors or minor infractions expanded during
this time, although it is unknown whether this increase is due
to changes in reporting practices or changes in the criminal
behaviors of the released prisoners. In general, violent crimes
are considered to be more serious than public order offenses.
Among the prisoners who were arrested for a new crime
within 3 years, public order offenses made up 36.0% of the
first post-release arrests for the 2005 cohort, compared to
22.9% of the first post-release arrests for the 1994 cohort
(table 3). Violent offenses accounted for 14.8% of the first
post-release arrests for the 2005 cohort, compared to 18.8% of
the first post-release arrests for the 1994 cohort.*
Table 3
First arrest charge of prisoners arrested for a new crime
within 3 years following release in 11 states in 1994
37. and 2005
Most serious arrest charge 1994 2005
All released prisoners 100% 100%
Violent 18.8% 14.8%
Property 28.8 23.6
Drug 29.5 25.6
Public order* 22.9 36.0
Estimated number of prisoners with a
post-release arrest 161,000 191,000
Note: Estimates based on a sample of 27,788 prisoners released
in 1994 and a
sample of 32,155 prisoners released in 2005 in the 11 states that
participated
in both studies and included charge descriptions in their arrest
records.
Number of arrests was rounded to the nearest 1,000. First arrest
may include
multiple charges; the most serious charge is reported in this
table. See
appendix table 3 for standard errors.
*Includes cases in which the prisoner’s most serious offense
was unspecified.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in
1994 and 2005 data collections.
Factors contributing to differences with prior BJS studies
(continued)
*These estimates were based on prisoners released in the 11
states
in both studies that included charge descriptions in their
criminal
history records.
38. Continued on next page.
5Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
As a result of the improvements to the nation’s criminal history
records, the rap sheets of prisoners released in 2005 likely
captured more complete offending histories than the rap
sheets used in the 1994 study. These improvements would
have resulted in higher observed recidivism rates in 2005
than in 1994, even if the two samples had the same true
recidivism rates.
BJS conducted a test of this assumption by comparing the
recidivism rates of the 1994 and 2005 samples using only new
arrests for a violent offense. The logic behind this test was
that, while the rap sheets for the 2005 cohort may contain
more arrests overall and more arrests for minor offenses,
arrests for violent offenses should be well represented in both
sets of rap sheets. Using this more serious indictor of criminal
behavior and controlling for cohort differences in offender
demographics and most serious commitment offense, the
percentage of released prisoners who were arrested for a
violent crime within 3 years following release did not differ
significantly between the 1994 (21.3%) and 2005 (21.8%)
cohorts (table 4).
The stability in the 1994 and 2005 recidivism rates when
recidivism is measured as a new arrest for a violent crime and
the difference observed when recidivism is measured as a
new offense for any offense raises questions about the overall
consistency of rap sheet content between the 1994 and 2005
studies. More research is required to better understand the
39. effects of rap sheet improvements on observed recidivism
rates. However, given the limited empirical data currently
available on the state-level changes in rap sheet content since
the mid-1990s, the effects of rap sheet improvements on the
observed recidivism rates cannot be quantified, and statistical
adjustments for their effects cannot be made. Therefore, it
is not advisable to compare the 2005 recidivism rates in this
report with those found in earlier BJS reports until we have a
deeper understanding of the changes in rap sheet content.
Table 4
Population-adjusted percent of prisoners arrested
for a violent crime within 3 years following release
in 11 states in 1994 and 2005, by demographic
characteristics and most serious commitment offense
Characteristic 1994 2005a
All released prisoners 21.3% 21.8%
Sex
Male 22.4% 22.7%
Female 10.2 13.1**
Race/Hispanic origin
Whiteb 16.4% 19.3%**
Black/African Americanb 26.2 25.3
Hispanic/Latino 18.7 18.5
Otherb,c 19.0 18.5
Age at release
24 or younger 28.9% 28.6%
25–29 23.9 24.8
30–34 21.2 20.1
35–39 17.3 19.5
40 or older 12.7 14.3
40. Most serious commitment offense
Violent 27.0% 24.8%**
Property 21.4 22.2
Drug 18.4 19.5
Public orderd 17.9 21.4**
Number of released prisoners 241,448 276,218
Note: Estimates based on a sample of 27,788 prisoners released
in 1994
and a sample of 32,155 prisoners released in 2005 in the 11
states that
participated in both studies and included charge descriptions in
their
arrest records. See appendix table 4 for standard errors.
**Difference between the estimate on the 1994 cohort and the
estimate
on the standardized 2005 cohort was statistically significant at
or above
the 95% confidence interval.
aEstimates of inmates released in 2005 have been standardized
to the
distribution of inmates released in 1994 by sex, race, Hispanic
origin, age at
release, and most serious commitment offense. The unadjusted
estimate
for the 2005 cohort was 20.1%.
bExcludes persons of Hispanic or Latino origin.
cIncludes persons identified as American Indian or Alaska
Native; Asian,
Native Hawaiian, or other Pacific Islander; and persons of other
races.
dIncludes cases in which the prisoner’s most serious offense
was unspecified.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released
in 1994 and 2005 data collections.
41. Factors contributing to differences with prior BJS studies
(continued)
6Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
Criminal history and prison records were used to
document recidivism patterns
This study estimates the recidivism patterns of 404,638
persons released in 2005 from state prisons in 30 states. In
2005, these states held 76% of the U.S. population and were
responsible for 77% of the prisoners released from U.S.
prisons (not shown). A representative sample of inmates
released in 2005 was developed for each of the 30 states
using data reported by state departments of corrections to
BJS’s National Corrections Reporting Program (NCRP),
yielding a final sample of 68,597 persons. (For a complete
description of the sampling and weighting procedures, see
Methodology.) Using information contained in state and
federal criminal history records (i.e., rap sheets) and the
records of state departments of corrections, this report
details the arrest, adjudication, conviction, and incarceration
experiences of these former inmates within and outside of
the state that released them for a 5-year period following
their release from prison.
This research has attempted to minimize the effect on
recidivism statistics posed by state variations in criminal
history reporting policies, coding practices, and coverage.
The analysis excluded arrest events in the rap sheets that
were not commonly recorded by all states (e.g., arrests for
many types of traffic offenses). The analysis also excluded
42. sections of the rap sheets that recorded the issuance of a
warrant as an arrest event when no arrest actually occurred.
Some variations in the content of rap sheets remained and
cannot be remediated, such as the nature of the charging
decision. For example, when an inmate on parole is arrested
for committing a burglary, some local law enforcement
agencies coded the arrest offense as a parole violation, some
coded it as a burglary, and others coded both the burglary
and the parole violation. Given that this is often a local
coding decision, it is difficult to discern from the contents
of the rap sheets which charging approach was employed at
each arrest.
Along with these coding variations, it is commonly
assumed that the information derived from criminal history
repositories understates the criminal histories of offenders,
especially information on actions that occurred over 20 years
ago. While it cannot be quantified at this time, the common
perception is that, through targeted funding and the efforts
of criminal justice practitioners across the country, the
quality and completeness of rap sheets has improved so that
they provide better assessments of recidivism patterns.
Among the 404,638 prisoners released in 30 states in
2005, 31.8% were in prison for a drug offense, 29.8% for a
property offense, 25.7% for a violent offense, and 12.7% for
a public order offense (table 5). Nearly 9 in 10 (89.3%) of
released prisoners were male. More than a third (36.9%)
of these persons were under age 30 at release, and about
a third (31.5%) were age 40 or older. The proportions
of non-Hispanic black (40.1%) and non-Hispanic white
(39.9%) prisoners were similar. An estimated 25.7% of the
released prisoners had 4 or fewer prior arrests, while 43.2%
had 10 or more. Half of the released prisoners had 3 or more
prior convictions.
43. Table 5
Characteristics of prisoners released in 30 states in 2005
Characteristic Percent
All released prisoners 100%
Sex
Male 89.3%
Female 10.7
Race/Hispanic origin
Whitea 39.9%
Black/African Americana 40.1
Hispanic/Latino 17.7
Othera,b 2.4
Age at release
24 or younger 17.6%
25–29 19.3
30–34 15.9
35–39 15.7
40 or older 31.5
Most serious commitment offense
Violent 25.7%
Property 29.8
Drug 31.8
Public orderc 12.7
Number of prior arrests per released prisonerd
2 or fewer 11.5%
3–4 14.2
5–9 31.1
10 or more 43.2
Mean number 10.6
44. Median number 7.8
Number of prior convictions per released prisonerd
Mean number 4.9
Median number 3.1
Number of released prisoners 404,638
Note: Data on the prisoner’s sex were known for 100% of cases,
race and Hispanic
origin for nearly 100%, and age at release for 100%. See
appendix table 5 for
standard errors.
aExcludes persons of Hispanic or Latino origin.
bIncludes persons identified as American Indian or Alaska
Native; Asian, Native
Hawaiian, or other Pacific Islander; and persons of other races.
cIncludes 0.8% of cases in which the prisoner’s most serious
offense was
unspecified.
dIncludes arrest and conviction that resulted in the
imprisonment.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in 2005
data collection.
7Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
1 in 10 state prisoners had an out-of-state arrest
within 5 years of release
An estimated 24.7% of the released prisoners had a prior
arrest in a state other than the one that released them
45. (table 6). About 1 in 10 (10.9%) released prisoners were
arrested at least once outside the state that released them
during the 5-year follow-up period. These statistics show
the limitations of recidivism studies that only have access to
in-state criminal history information.
3 in 4 state prisoners were arrested within 5 years of
release
Within 1 year after their release from state prison, 43.4%
of prisoners had been arrested either in or outside of the
state that released them. This percentage grew each year,
increasing to 59.5% by the end of the second year, 67.8% by
the end of the third year, and 76.6% by the end of the 5-year
follow-up period.
Another way to view these recidivism statistics is to consider
how quickly those who recidivated actually did so. More
than a third (36.8%) of all released prisoners who were
arrested within 5 years of release were arrested within the
first 6 months, with more than half (56.7%) arrested by the
end of the first year (not shown).
The longer released prisoners went without being arrested,
the less likely they were to be arrested within the 5-year
period. For example, compared to the arrest rate of 43.4%
in the first year after release, 28.5% of persons not arrested
in the first year were arrested for the first time in the second
year following their release from prison (figure 2). Similarly,
for those not arrested by the end of the second year, 20.5%
were arrested by the end of the third year, with the arrest rate
falling to 16.1% in the fourth year. Finally, 13.3% of released
prisoners who went 4 years without an arrest were arrested
in the fifth year.
The 404,638 persons released in 2005 were arrested an
46. estimated 1,173,000 times in the 5 years after release (table 7).
While some of them had a large number of arrests in the follow-
up period (maximum of 81), most did not. Among all released
prisoners, the average number of arrests in the 5-year period
was 2.9, while the median number of arrests was 1.5. About
2 in 5 (42.3%) of all releasees were arrested no more than once
in the 5-year period, and more than half (57.6%) had fewer
than 3 arrests in the 5 years following their release. Despite
this, among released prisoners who were arrested at least once
Table 6
Out-of-state arrests of prisoners released in 30 states in 2005
Out-of-state arrests Percent
Prior to release
1 or more 24.7%
1–4 17.5
5–9 4.3
10 or more 2.9
Post-release
1 or more 10.9%
1–4 9.6
5–9 1.1
10 or more 0.2
Note: Prisoners were tracked for 5 years following release.
Arrested out-of-state
includes arrests that occurred in states other than the one that
released the
prisoner in 2005. See appendix table 6 for standard errors.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in 2005
data collection.
47. Table 7
Post-release arrests of prisoners released in 30 states in 2005
Post-release arrests Percent
All released prisoners 100%
None 23.4
1 18.9
2 15.3
3 11.5
4 8.5
5 6.4
6 or more 16.1
Estimated number of post-release arrests 1,173,000
Mean number per released prisoner 2.9
Median number per released prisoner 1.5
Number of released prisoners 404,638
Note: Prisoners were tracked for 5 years following release.
Number of post-release
arrests was rounded to the nearest 1,000. See appendix table 8
for standard errors.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in 2005
data collection. Source: Bureau of Justice Statistics, Recidivism
of State Prisoners
Released in 2005 data collection.
Figure 2
Percent of prisoners arrested during the year who had not
been arrested since release in 30 states in 2005
Note: The denominators for the annual rates were 404,638 for
year 1; 229,035
for year 2; 163,679 for year 3; 130,128 for year 4; and 109,186
for year 5. The
48. numerators include persons arrested in the year who had not
been arrested since
release. See appendix table 7 for standard errors.
Source: Bureau of Justice Statistics, Recidivism of State
Prisoners Released in 2005
data collection.
0
10
20
30
40
50
Year 5Year 4Year 3Year 2Year 1
Percent arrested
28.5
20.5
16.1
13.3
43.4
Year after release
49. 8Recidivism of PRisoneRs Released in 30 states in 2005:
PatteRns fRom 2005 to 2010 | aPRil 2014
during the 5-year follow-up period, three-quarters (75.4%) were
arrested again during the 5-year period (not shown). About a
sixth (16.1%) of released prisoners were responsible for about
half (48.4%) of the 1,173,000 arrests of released prisoners that
occurred in the 5-year follow-up period.
Prisoners released after serving time for a property
offense were the most likely to be arrested
Within 5 years of release, 82.1% of prisoners who had been
committed for a property offense had been arrested for a
new offense, followed by 76.9% of those committed for a
drug offense (figure 3 and table 8). Offenders sentenced for
a violent (71.3%) or public order offense (73.6%) were the
least likely to be arrested after …
U.S. Department of Justice
Office of Justice Programs
National Institute of Justice
JUN
E 2014
N AT I O N A L I N S T I T U T E O F J U S T I C E
RESEARCH
IN BRIEF
50. Cost-Benefit
Analysis
A GUIDE FOR
DRUG COURTS AND
OTHER CRIMINAL
JUSTICE PROGRAMS
BY P. MITCHELL DOWNEY
AND JOHN K. ROMAN
U.S. Department of Justice
Office of Justice Programs
810 Seventh St. N.W.
Washington, DC 20531
Eric H. Holder, Jr.
Attorney General
Karol V. Mason
Assistant Attorney General
Greg Ridgeway
Acting Director, National Institute of Justice
This and other publications and products
of the National Institute of Justice can be
found at:
National Institute of Justice
http://www.nij.gov
51. Office of Justice Programs
Innovation • Partnerships • Safer Neighborhoods
http://www.ojp.usdoj.gov
RESEARCH
N AT I O N A L I N S T I T U T E O F J U S T I C E
JUN
E 2014
IN BRIEF
Cost-Benefit
Analysis
A GUIDE FOR DRUG COURTS AND
OTHER CRIMINAL JUSTICE PROGRAMS
BY P. MITCHELL DOWNEY AND JOHN K. ROMAN
Findings and conclusions of the research reported here are those
of the
authors and do not necessarily reflect the official position or
policies of the
U.S. Department of Justice.
NCJ 246769
RESE ARCH IN BRIEF 3
National Institute of Justice | NIJ.gov
52. Cost-Benefit
Analysis
A GUIDE FOR DRUG COURTS AND
OTHER CRIMINAL JUSTICE PROGRAMS
BY P. MITCHELL DOWNEY AND JOHN K. ROMAN
P
olicymakers and practitioners face difficult decisions when they
allocate resources. As resource constraints have tightened,
the role of researchers in informing evidence-based and cost-
effective decisions about the use of funds, labor, materials and
equipment — and even the skills of workers — has increased.
We believe
research that can inform decisions about resource allocation
will be a central
focus of criminal justice research in the years to come, with
cost-benefit
analysis (CBA) among the key tools. This report about the use
of CBA is
aimed at not only researchers but also practitioners and
policymakers who
use research to make choices about how to use limited
resources. Although
we include NIJ’s Multi-site Adult Drug Court Evaluation
(MADCE) as an
example of CBA in practice, this report is not just about using
CBA in
drug courts.
Our intent is to help researchers, state agencies, policymakers,
program
managers and other criminal justice stakeholders understand:
53. • What CBA is and in which contexts it is appropriate.
National Institute of Justice | NIJ.gov
4 Cost-Benefit Analysis: A Guide for Drug Courts and Other
Criminal Justice Programs
•
Which kinds of information can — and should — be collected to
facilitate
a CBA.
• What the results of a CBA mean.
This report is divided into three sections. In the first section,
“The Basics of
Cost-Benefit Analysis,” we describe the foundations of CBA:
the motivation
for performing a CBA, what CBA can (and cannot) tell us, and
the general
principles used in conducting CBA in terms of the conceptual
basis and an
applied framework. In the second section, “Cost-Benefit
Analysis in Action:
NIJ’s MADCE,” we apply the framework and illustrate the
necessary steps
using NIJ’s MADCE as a case study. In the third section, “NIJ’s
MADCE
Results,” we present the findings from NIJ’s MADCE and
demonstrate how
the results provide new and useful information that would not
have been
54. available without conducting such an analysis.
Report Highlights
In this report, we address several key cost-benefit analysis
(CBA)
concepts, including:
• The difference between what cost-benefit researchers believe
they
are producing and what policymakers often believe they are
receiving.
Researchers believe they are estimating societal benefits,
whereas
policymakers believe they are receiving estimated fiscal
benefits; this
confusion has important policy implications (see “Cost-benefit
analysis:
What and why” on page 5).
• A variety of data sources and analytical approaches that have
wide
applicability throughout criminal justice CBA (see “Site-
specific prices”
on page 16 and “National prices” on page 17).
• Practical considerations for conducting a CBA and a look at
information
often missing from technical reports, which tend to focus more
on
principles and theoretical foundations (see sidebar, “Practical
Considerations of Conducting a Cost-Benefit Analysis,” on page
20).
55. National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 5
The Basics of Cost-Benefit Analysis
Cost-benefit analysis: What and why. Why conduct a CBA?
Unlike
other types of analysis, CBA offers a comprehensive framework
for
combining a range of impacts. Consider a law that bans smoking
in
restaurants. Such a law has several positive effects (called
benefits),
including improved health of restaurant staff and diners as well
as a more
pleasant atmosphere for nonsmokers. The same law, however,
also has
some negative impacts (called costs), such as inconveniencing
smokers
and the added expense to restaurant owners to enforce and
publicize the
new law. Note that these impacts are not all financial. Although
money is
a useful metric for combining diverse outcomes, the key
contribution of
CBA is providing a framework on which to combine diverse
impacts.
CBA is usually subject to two key criticisms. First, some people
argue that
CBA values things that cannot be valued, such as pain and
suffering from
violent victimization or loss of life. A common response to this
criticism
is to ask, “Would you support a program that spent $1 trillion to
56. prevent
a single homicide?” If you would not support such a program,
then you
are implicitly conducting a CBA and designating the value of a
human life.
In the same way, CBA seeks to balance the use of resources to
solve a
variety of problems, but to do so using evidence carefully,
consistently and
transparently.
The second criticism involves the way in which things are
valued. For
instance, CBA theory uses wages and earnings to approximate
the value
of someone’s time and his or her productivity (see sidebar,
“Considerations
in Valuing Time”). Suppose a probation officer makes $25 per
hour and a
program saves him or her one hour. Standard CBA counts that
one hour
saved as a $25 benefit of the program. Many people find this
approach
inappropriate. The program may save one hour of “probation
officer time,”
but this savings doesn’t reduce agency costs. This issue
highlights the
importance of understanding CBA’s goals: CBA does not seek
to estimate
fiscal savings but, rather, seeks to estimate social value. If that
same
probation officer spends his or her time doing another
productive activity,
as is assumed in CBA and economic theory, then this is a
productivity
gain and a benefit of the program. Still, it is reasonable (in our
57. view) to
6 Cost-Benefit Analysis: A Guide for Drug Courts and Other
Criminal Justice Programs
criticize this assumption. This criticism, however, doesn’t reject
CBA in
its entirety — rather, it is an argument about how CBA is
conducted. A
good CBA makes its assumptions transparent and identifies how
these
assumptions affect the results.
These arguments are not the only criticisms of CBA. Analysts
often
debate what discount rate to use, the validity of willingness-to-
pay in the
presence of inequality, and the difficulty in valuing equity and
justice. In this
report, we focus on the two criticisms initially described,
because they are
commonly heard and can be addressed through the practice of
CBA.
CBA is inherently comparative; it is particularly useful for
comparing two
programs or alternatives that may have different types of
impacts. When
a program’s net benefits are compared with zero (i.e., deemed
“cost
beneficial” or “not cost beneficial”), the net benefits are
implicitly being
compared with business as usual (i.e., what is usually done
without the
58. policy change).
CONSIDERATIONS IN VALUING TIME
A critical element of cost-benefit analysis (CBA) is valuing the
time spent by workers. A
program might increase a probationer’s time spent with a
probation officer, reducing the
amount of time that the officer has to fulfill other
responsibilities. It is possible that neither
of these outcomes will have an impact on an agency’s spending,
but if the time could have
been spent productively on other activities, then both outcomes
have implications for available
resources. In other words, without the program, the officer may
have conducted additional
patrols, thereby contributing to society. Spending time on
additional patrols and community-
based approaches to crime prevention contributes to the larger
community. Without
the program in place, the probation officer may instead spend
time on enhanced client
interactions that are designed to reduce violence and
revocations. CBA draws upon a long
tradition in economic theory and assumes that an individual’s
wage is equal to the marginal
value contributed to society by his or her time. This assumption
is an uncomfortable one for
many people, including the authors of this report. However, this
approach remains standard
practice in the literature, and this report repeatedly uses wages
to measure productivity and
the social value of time.
59. National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 7
What Cost-Benefit Analysis Can and Cannot Do
Cost-benefit analysis (CBA) can:
• Tell us the impact of a program on a wide range of outcomes.
• Offer guidance on how to balance these diverse impacts.
• Tell us how the program draws from (or contributes to) the
pool of
available resources.
CBA cannot:
• Provide the end-all, be-all, irrefutable, definitive answer to all
policy
questions.
• Do anything without a strong impact analysis.
• Tell us how much money an agency or jurisdiction will save
by
implementing a particular program.
CBA is useful because it combines different types of
information into a
single metric, allowing for comparisons that could not otherwise
be made.
CBA provides guidance on how to balance these different types
of impacts.
CBA also tells decision-makers how the program draws from or
adds to
60. resources (not just funding) that are available for other
programs and offers
guidance on what it would take to replenish those resources.
CBA, however, is not a magic bullet that can answer all policy
questions.
For one thing, without a strong impact evaluation, a CBA is
meaningless;
that is, to estimate (and value) the impact of a program on
resources,
we need to be able to convincingly estimate what effect the
program
had (i.e., compare outcomes when the program is present with
outcomes
when the program is absent). To do so requires implementing a
strong
research design (including, but not limited to, random
assignment) and
collecting enough data for both the treatment and comparison
groups to
determine what would have happened in the absence of the
program.
Because CBA is inherently comparative, data about program
participants
alone is not enough. Second, although CBA theory provides a
framework
for valuing any impact, as a matter of practice, impacts often
simply can’t
be valued (see “Cost-Benefit Analysis in Action: NIJ’s
MADCE” on page 11).
National Institute of Justice | NIJ.gov
8 Cost-Benefit Analysis: A Guide for Drug Courts and Other
61. Criminal Justice Programs
Finally, CBA does not tell us how much money an agency or
jurisdiction
can expect to save from a particular program. This is not the
purpose of
a CBA, and the methods are not designed to answer this
question. CBA,
as described below, is about social well-being and resources,
not about
fiscal impacts. This is an important point that is often
overlooked and must
be considered. Within this report, we emphasize the discrepancy
between
what cost-benefit researchers think they are producing (i.e.,
estimates of
societal well-being) and what policy stakeholders think they are
receiving
(i.e., advice about fiscal savings).
The steps of a cost-benefit analysis. CBA can be thought of as
progressing through four steps:
1.
Choose the population.
2. Select potential impacts.
3. Consider how the program might change well-being.
4. Determine how society values these changes.
62. It is important to keep in mind that the final goal of a CBA is to
estimate
the social benefit (or cost) of a program. In the following
paragraphs, we
describe the conceptual steps and then offer an applied
framework. Finally,
we show how these steps work in practice through NIJ’s
MADCE.
1. Choose the population. The first step of a CBA is to
determine the
population you are interested in (called the “standing” of the
study). In
brief, the study’s standing is the group whose well-being is
changed by a
new policy or practice. Stated another way, the standing is the
population
whose costs and benefits are counted. A study’s standing might
be all
of society, all of society excluding the program participants, or
all tax-
paying citizens. Choosing which group has standing is a value-
based
decision that depends on the nature of the program, the analysis,
and the
decision-makers or stakeholders. For example, a CBA of a
mandatory job
training program for recipients of government assistance
generally includes
program participants in its standing, whereas a CBA of
sentencing policy
generally does not include prisoners in its standing (although it
could). In
practice, the selection of the standing in the aforementioned
examples
63. National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 9
means that one cost of the job training program would be the
value of the
time that clients give up to participate in training (economists
call this the
“opportunity cost” of participants’ time), whereas a sentencing
CBA would
not include the opportunity cost of the prisoners’ time.
2. Select potential impacts. Select the potential impacts to
include in
the analysis. First, consider what might have changed as a result
of the
program. In a criminal justice context, potential impacts often
mean
changes in behavior (e.g., employment, criminal offenses) or
resources
used (e.g., police time, jail beds, court hearings). Think about
what effects
the program may have had, identify the impacts you can
plausibly measure,
and estimate the size of the changes that the program caused (if
any). This
step is the reason that a CBA relies on a strong impact
evaluation. Without
an impact evaluation, estimating the program’s effects is
impossible, and,
thus, there are no effects to value. Economists sometimes say
that an
evaluation is “well identified” if it convincingly isolates the
causal impacts
64. of the program.
3. Consider how the program might change well-being. Consider
how
the program’s effects might have changed the well-being (either
positively
or negatively) of someone in the standing. For instance, a
program that
increases meetings with a probation officer might decrease the
time
that the officer has to work with other clients. A program that
improves
participants’ educational outcomes might lead participants to
make
greater contributions to society through employment.
Regardless,
this step translates the program’s impacts into social well-
being.i
iEconomists usually call this “social welfare” or just “welfare.”
To avoid confusion with the
unrelated government assistance programs, we often say “well-
being” instead, even though
researchers more commonly use the term “welfare.”
4. Determine how society values these changes. Find
information
either from within or outside of the evaluation to determine how
society
values these changes. For instance, ask, “How much does
society value
a probation officer’s time?” Or, “How much does society value
more and
better education?” Keep in mind that the answers to these
questions have
nothing to do with the analysts’ beliefs about how much these
65. issues
National Institute of Justice | NIJ.gov
10 Cost-Benefit Analysis: A Guide for Drug Courts and Other
Criminal Justice Programs
should be valued; rather, the analyst must use existing data to
estimate,
based on observed behavior, how society does in fact value
these changes.
Steps 3 and 4 could be considered the key contributions to —
and the key
challenges of — conducting a CBA.
Implementing the conceptual framework. To implement the
conceptual framework, we must “ground” our thinking: First,
we think of
each cost (or benefit) as a price multiplied by a quantity.
Because a cost is
simply a negative benefit, we tend to use the terms “costs” and
“benefits”
interchangeably. Using the terms interchangeably allows us to
illustrate
that both costs and benefits measure how the program affected
social
well-being (either positively or negatively) and that costs and
benefits
are not fundamentally different concepts.
The quantities used in CBA are the main project inputs (e.g.,
hours of
training) and the outcomes of interest (e.g., number of arrests,
66. number of
treatment episodes, hours of employment). These quantities are
drawn
from the impact analysis, which must include comparable
information for
the comparison group. The prices are the way that well-being is
affected
(e.g., resources used per arrest/treatment episode, social value
contributed
by employment). This information is drawn from surveys,
observations,
prior research and a variety of other sources of information. We
discuss
some examples in the next section.
After deciding which impacts to include, the researchers
determine the
measure (quantity) and value (price) of the impacts and then
multiply the
quantity (e.g., number of additional drug treatment episodes) by
the price
(e.g., cost of a drug treatment episode) to get the cost (e.g.,
additional
drug treatment episodes). The researchers then can add together
a range
of different costs and benefits to create a measure of “net
benefits.” Net
benefits refers to the benefits minus the costs. For instance, if a
program
costs $50 per participant but yields $150 in social welfare per
participant,
on average, then we say the program yields $100 in net benefits
(per
participant). The resulting net benefits yield an estimate of how
participants
improved or harmed society, combining an array of different
67. types of
impacts.
National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 11
The key question is whether the net benefits to society are
greater for the
treatment group (i.e., program participants) than for the
comparison group.
If so, this finding suggests that the program improved societal
well-being,
either by reducing the harm that participants would have done
to society
without the program (i.e., decreasing costs) or by increasing the
value of
participants’ societal contributions (i.e., increasing benefits).
Because the
researchers estimated the quantities using rigorous methods (as
developed
in the impact analysis), we have some confidence that the
program itself
caused the difference.
Cost-Benefit Analysis in Action: NIJ’s MADCE
In this section, we illustrate the general principles previously
described
with a practical example, relying on the CBA component of
NIJ’s MADCE.
We discuss the evaluation of the MADCE only briefly. For more
information
about NIJ’s MADCE, readers may access NIJ’s website, which
68. includes
links to a number of related publications (search NIJ.gov,
keyword:
MADCE).
In fiscal year 2003, NIJ awarded a grant to the Urban Institute
for a
multisite process, impact and cost evaluation of adult drug
courts in
partnership with the Center for Court Innovation and RTI
International. The
study included 23 drug courts in eight states, with the
comparison group
drawn from six comparison groups where drug court access was
limited.
Overall, 1,787 individuals participated in the study, with about
two-thirds
of them in the treatment group. Study participants were
interviewed at the
time they enrolled in drug court (or would have enrolled for the
comparison
group) and then were interviewed again both six months and 18
months
later. At the 18-month interview, the study participants also
received a
drug test. Finally, at 24 months, the researchers collected
official records
describing participants’ contact with the criminal justice
system. The
researchers also collected cost data from interviews, document
review
and direct observation of court practices. They analyzed the
data using
statistical procedures that accounted for differences between
people
based on a large list of personal characteristics and site-specific
69. effects,
thereby effectively isolating the impact of drug court
participation on each
individual’s outcomes.
http://www.nij.gov/Pages/welcome.aspx
National Institute of Justice | NIJ.gov
12 Cost-Benefit Analysis: A Guide for Drug Courts and Other
Criminal Justice Programs
Figure 1. NIJ’s Multi-site Adult Drug Court Evaluation
Conceptual Framework
The conceptual framework for the MADCE shows how
resources (called “inputs”) are invested to create activities
designed to produce program outputs. The framework proposes
that program activities will result collectively in
immediate or short-term outcomes for the participants. These
immediate and short-term outcomes typically are
measured while the participants are still in the program and
include changes in perception and behavior, such as
drug use and participation in treatment. Program participation
also is expected to result in long-term outcomes,
such as changes in drug use, criminal behavior and other
functions. The framework controls for characteristics of
the target population relating to drug use, criminality and other
risk factors. The framework also recognizes external
conditions beyond the program’s control. These conditions
relate to the general community, legal and penal codes,
and the criminal court. NIJ’s MADCE tested the impact of
court-mandated treatment in a drug court context. The
MADCE comparison groups are not “controls” that receive no
treatment; some of the probationers receive court-
70. ordered drug treatment, and other probationers use treatment
alternatives for safe communities models.
Drug Court
Context
Community Setting
•
Demographics
• Urbanicity
• Drug arrest rate
• Poverty/economics
Drug Laws
•
Mandatory sentences
• Drug law severity
Court Characteristics
•
Court size
• Court resources
Target Population
Severity
Drug Use
•
71. Addiction severity
• Drugs of abuse
• Drug use history
Criminality
•
Felony/misdemeanor
charge
• Recidivism risk — prior
arrests/convictions
• Opportunity to offend
(street days)
Other Risk Factors
•
Health problems
• Mental health problems
• Employment problems
• Housing instability
• Family conflict
• Family support
• Close ties to drug users
• Close ties to lawbreakers
Demographics
•
72. Age, gender, race
• Marital status, children
• Education, income
Drug Court
Practices
Use of Legal Pressure
• Severity of consequences
for failure
Individual Court
Experiences
•
I
Drug court participation
• Drug testing requirements,
practices
• Sanctions rules, practices
• Supervision requirements/
practices
• Prosecution involvement
• nteractions with judge and
supervising officers
• Court appearances
73. Drug Court Practices
•
Leverage
• Program intensity
• Predictability
• Rehabilitation focus
• Timeliness of intervention
• Admission requirements
• Completion requirements
Drug Treatment
•
Treatment history
• Days of treatment by type
• Treatment requirements
• Support services by type
— offered and used
National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 13
Offender
Perceptions
Perceived Legal Pressure
• Severity and likelihood of
74. termination and alternative
sentence
Motivations
• Readiness to change stage
Understanding of Rules
•
Received expected
sanctions and rewards
• Understood expected
behavior
Perceived Risk of
Sanctions and Rewards
•
General deterrence
• Certainty/severity of
sanctions
• Certainty and value of
rewards
Perceptions of Court
Fairness
•
Procedural justice
75. • Distributive justice
• Personal involvement of
judge and supervising
officer
In-Program
Behavior
Compliance With
Drug Intervention
•
Likelihood of entry
• Number and type of drug
test violations
• Percentage of treatment
days attended
• Treatment duration and
retention
• Treatment graduation and
termination
Compliance with
Supervision
•
76. Court FTAs — percentage
of scheduled
• Case management
FTAs — percentage of
scheduled
• Violations of supervision
requirements
• Drug court graduation
Post-Program
Outcomes
Reduced Drug Use
•
Any, type, and frequency
of self-reported use
post-program
• Results of saliva test
Reduced Recidivism
•
Any, type, and frequency
of self-reported offending
77. post-program
• Any, type, and number
of arrests/convictions
post-program
• Decrease in post-
intervention incarceration
Improved Functioning
•
Reduction in health and
mental health problems
• Increase in likelihood and
days of employment
• Gains in economic
self-sufficiency
• Reductions in family
problems
Post-Program Use
of Services
•
Type and amount of drug
treatment/aftercare
• Type and amount of other
78. support services
National Institute of Justice | NIJ.gov
14 Cost-Benefit Analysis: A Guide for Drug Courts and Other
Criminal Justice Programs
Defining impacts and estimating quantities. As discussed
earlier,
we began our analysis by identifying our population of interest
(standing). In principle, the standing could include the program
participants
themselves. Based on prior research, however, we expected drug
court to
lead to a variety of quality-of-life improvements, such as less
severe drug
addiction or improved self-esteem. Estimating an individual’s
personal
value from these benefits seemed difficult or impossible. To
simplify the
analysis, we excluded participants from our standing and valued
only
drug court’s impacts on broader society. Note that societal
benefits
indirectly caused by reduced addiction (such as reduced
criminal activity)
or improved self-esteem (such as social benefits of employment)
would
still be valued. We simply excluded the direct benefits, which
only the
participants experienced.
Next, we sought to define the impacts to be considered. We
asked the
79. following questions: “Did the program participants come into
contact with
or directly affect society in some way? Did the program affect
someone in
a way that would not have otherwise happened? Did this impact
require the
use of some resources? Could this effect plausibly be valued?”
Through
these questions, we developed a list of potentially measurable
drug court
impacts (see Table 1, Outcomes Measured by NIJ’s Multi-site
Adult Drug
Court Evaluation). Certainly, other impacts may exist,ii but we
believe this
list strikes a balance between comprehensiveness and
feasibility.
Based on the impact evaluation designed as part of NIJ’s larger
MADCE
effort, we then sought to estimate the size of these impacts
(“finding
the quantities”). This step was straightforward, because a
rigorous
research design already had been developed and implemented
for the
impact analysis. We used two types of information: (a) the three
in-depth
interviews and (b) administrative records from state
departments of
corrections, the FBI and state data repositories. We estimated
the impacts
of drug court on arrests, incarcerations and criminal activity
based on
iiFor instance, the interviewer also asked about needle use,
which could have allowed us
80. to estimate the impact of drug court on HIV/AIDS risk.
However, after initially investigating
this approach, we determined that making this additional
calculation was unnecessarily
complicated to estimate, and, therefore, we excluded it.
National Institute of Justice | NIJ.gov
RESE ARCH IN BRIEF 15
Table 1. Outcomes Measured by NIJ’s Multi-site
Adult Drug Court Evaluation
Category Subcategory Examples
Social
productivity
Employment Earnings
Education Schooling
Services and
support given
Child support payments, community
service
Monitoring
Probation officer time, drug tests,
electronic monitor
Police Arrests
81. Criminal
justice
system
Courts Hearings
Brennan Center for Justice at New York University School of
Law
t h e h i dde n co s ts
of f lor i da’ s
c r i m i n a l j u s t ic e f e e s
Rebekah Diller
about the brennan center
The Brennan Center for Justice at New York University School
of Law is a non-partisan public policy and law
institute that focuses on fundamental issues of democracy and
jus tice. Our work ranges from voting rights
to campaign finance reform, from racial justice in criminal law
to presidential power in the fight against
terrorism. A singular institution – part think tank, part public
interest law firm, part advocacy group – the
Brennan Center combines scholarship, legislative and legal
advocacy, and communications to win meaning-
ful, mea sureable change in the public sector.
about the brennan center’s access to justice project
83. Brennan Center for Justice at NYU School
of Law. Ms. Diller coordinates litigation, policy research and
advocacy to improve access to justice for low-
income people and leads the Center’s work on legal financial
obligations. Previously, she served as a staff
attorney and then director of the New York Civil Liberties
Union’s Reproductive Rights Project and as an
attorney representing low-income clients in housing and
government benefits cases at Legal Services for the
Elderly in Queens and Housing Works, Inc. She received her
J.D., with high honors, from New York Uni-
versity School of Law, and her B.A., cum laude, from Rutgers
College.
acknowledgments
Many individuals helped to prepare this report. David Udell
helped conceptualize the report and provided
substantial editing assistance. Elizabeth Cate, Tracy Chin,
Scott Hechinger and Kennon Scott, all students in
the Brennan Center Public Policy Advocacy Clinic at NYU
School of Law, as well as former Brennan Center
intern Ian Vandewalker, played critical research roles. Mitali
Nagrecha and Emily Savner also provided sub-
stantial research and editing assistance. Sidney Rosdeitcher
provided extremely helpful input. Additional
research assistance was provided by Mary Catherine Hendrix,
Jessica Karp, and Cassandra Snyder.
This report could not have been completed without the
assistance of Sandy D’Alemberte and Patsy Palmer of
D’Alemberte & Palmer, PLLC, who serve as the Brennan
Center’s pro bono counsel on the project, Steckley
Lee, of Florida Institutional Legal Services, Nancy Daniels,
Public Defender, Second Judicial Circuit, John
Tomasino of the Second Judicial Circuit Public Defender office,
84. and the many Florida Department of Cor-
rections officials, court personnel, re-entry advocates, public
defenders, and persons re-entering society who
provided information. We are also grateful to O’Melveny &
Myers LLP, which provided pro bono research as-
sistance. Participants at two convenings hosted by the Florida
Bar Foundation also provided critical insight and
feedback. Vicki Lopez Lukis, Vice-Chair of the Florida
Department of Corrections’ Reentry Advisory Council
and former Chair of Governor Bush’s Ex-Offender Task Force,
provided strategic guidance and help.
This report was supported by a grant from the Florida Bar
Foundation. The statements made and views
expressed in this report are the sole responsibility of the
Brennan Center.
taBle of contents
EXECUTIVE SUMMARY 1
I. INTRODUCTION 4
II. GROWING USE OF LEGAL FINANCIAL OBLIGATIONS
5
A. Florida Law Produces a Confusing and Broad Range of
LFOs 6
B. Florida Has Eliminated Exemptions Traditionally Granted
to Those Who Cannot Afford to Pay 7
C. LFOs Sometimes Subsidize Other Government Functions,
Including General Revenue 8
D. Increasing Pressure on Courts to Raise Funds 9
III. LFOs STRAIN INDIVIDUALS’ LIMITED BUDGETS 10
85. IV. COLLECTION OF LFOS 13
A. Collections by Court System 13
1. Payment Plans 14
2. Collections Courts and Arrests for Failure to Pay or
Appear 15
3. Other Ways in Which Failure to Pay LFOs Can Result in
Jail Time 20
4. Overuse of Driver’s License Suspensions Hinders Ability
to Repay Debts 20
5. Private Collections Agencies Add Up To 40 Percent
Surcharge on Debt 21
6. Additional Collection Mechanisms 22
B. Department of Corrections Collections 23
V. RECOMMENDATIONS 25
APPENDIX: LFOs ESTABLISHED BY FLORIDA LAW 27
ENDNOTES 34
Brennan Center for Justice | 1
EXECUTIVE SUMMARY
Increasingly, states are turning to so-called “user fees” and
surcharges to underwrite criminal justice costs and
close budget gaps. In this report, we focus on Florida, a state
that relies so heavily on fees to fund its courts
that observers have coined a term for it – “cash register
justice.” Since 1996, Florida added more than 20 new
categories of financial obligations for criminal defendants and,
at the same time, eliminated most exemptions
for those who cannot pay. The fee increases have not been
86. accompanied by any evident consideration of
their hidden costs: the cumulative impacts on those required to
pay, the ways in which the debt can lead to
new offenses, and the costs to counties, clerks and courts of
collection mechanisms that fail to exempt those
unable to pay.
This report examines the impact of the Florida Legislature’s
decision to levy more user fees on persons ac-
cused and convicted of crimes, without providing exemptions
for the indigent. Its conclusions are troubling.
Florida relies heavily on fees to underwrite its criminal justice
system and, at times, uses monies generated
by fees to subsidize general revenue. In many cases, the debts
are uncollectible; performance standards for
court clerks, for example, expect that only 9 percent of fees
levied in felony cases will be collected. Yet, ag-
gressive collection practices result in a range of collateral
consequences. Missed payments produce more fees.
Unpaid costs prompt the suspension of driving privileges (and,
relatedly, the ability to get to work).
Moreover, collection practices are not uniform across the state.
Court clerks have most of the responsibility.
In some judicial circuits, the courts themselves take a more
active role. At their worst, collection practices
can lead to a new variation of “debtors’ prison” when
individuals are arrested and incarcerated for failing to
appear in court to explain missed payments.
As most prisons and jails are at capacity, and unemployment
and economic hardship are widespread, it is
time to consider whether heaping more debt on those unable to
afford it is a sensible approach to financing
essential state functions.
87. key findings
Florida increasingly relies on fees to finance core government
functions. 1. The Legislature has added
more than 20 new categories of legal financial obligations
(“LFOs”) to the criminal justice process since
1996. The state has acted without considering the effects of the
new LFOs and without examining whether
cumulative debt promotes recidivism or otherwise hinders
reentry into society for those convicted of crimes.
The Legislature has eliminated exemptions for the indigent, thus
demanding revenue from a popula-2.
tion unable to afford payment. Florida ignores inability to pay
when imposing LFOs, considers inability
to pay, in theory, when collecting LFOs, but bypasses the
requirement in practice. For example, Florida law
permits the indigent to pay off debt through community service,
but most courts have no such programs.
Despite rising pressure to collect fees, little attention is paid to
the costs of collection. 3. As courts
become more reliant on fee revenue, clerks’ offices are,
increasingly, under pressure to step up the collec-
tions process. Yet, state performance standards only look at
one side of the ledger – the revenue raised –
2 | Brennan Center for Justice
and fail to assess the costs and consequences of collection
efforts. Some counties also incur hidden costs
in budgets for sheriffs, local jails, and clerk operations.
The current fee system creates a self-perpetuating cycle of debt
88. for persons re-entering society 4.
after incarceration. Fee amounts are often unpayable on limited
budgets. Missed payments prompt
additional fees and create a mounting debt cycle.
Collection practices in some counties create a new form of
debtors’ prison. 5. In some counties,
courts arrest individuals who miss court dates scheduled to
discuss LFO debt, disrupting lives and
employment. This practice resulted in more than 800 arrests
and more than 20,000 hours of jail time
in Leon County alone in one year. The arrests and nights spent
in already overcrowded local jails cost
the public money.
Florida routinely suspends driver’s licenses for failure to make
payments, 6. a practice that sets the
debtor up for a vicious cycle of “driving with a suspended
license” convictions.
Florida allows private debt collection firms to add up to a 40
percent surcharge on unpaid court 7.
debt. Recent legislation requires courts to refer outstanding
debt to collection agencies, which can
add up to a 40 percent surcharge on existing debt.
recommendations
In light of these findings the Brennan Center makes the
following recommendations for immediate and
longer-term steps for Florida officials to address the hidden
costs of fee collection.
Immediate steps:
The Legislature should exempt indigent defendants from
89. LFOs.1. An exemption system based on a
rational determination of ability to pay would free officials
from the burden of pursing non-existent
revenue and would relieve financial pressure on previously
incarcerated individuals who are attempting
to re-enter society. In light of the fact that performance
standards expect only a 9 percent collection
rate for felonies, an indigency exemption in felony cases would
result in little lost revenue.
Payment plans should be tailored to an individual’s ability to
pay, as state law already requires.2.
At minimum, the courts should follow the state law that
presumes a person is unable to pay more
than 2 percent of average monthly income when setting payment
plans. Similarly, the Department
of Corrections should sync monthly payments to income and
should fully exempt the indigent from
monthly probation supervision fees, consistent with existing
state law.
Florida’s Supreme Court should adopt court rules to end the
new debtors’ prison. 3. In the absence
of a prior finding that an individual can pay fees, courts should
not authorize incarceration for failure
to appear at LFO debt hearings. This would be consistent with
the rules that apply to those who
have failed to pay child support. The Court should also adopt
rules to ensure that incarceration for
contempt does not occur as a result of inability to pay.
Brennan Center for Justice | 3
Counties can save money by eliminating debt-related arrests for