Jerome H. Skolnick. Justice without Trial: Law Enforcement in Democratic Society. Pp. xi, 279. New York: John Wiley & Sons, 1966. $7.95

Author(s):  
Michael Banton
2018 ◽  
Vol 45 (3) ◽  
pp. 557-577
Author(s):  
Joe Merton

Focusing on the collaboration between Mayor John Lindsay and business advocacy group the Association for a Better New York (ABNY), this article illustrates the utility of public and elite anxieties over street crime in legitimizing new, privatized models of urban governance during the early 1970s. ABNY’s privatized crime-fighting initiatives signified a new direction in city law enforcement strategies, a new “common sense” regarding the efficacy and authority of private or voluntarist solutions to urban problems, and proved of lasting significance for labor relations, the regulation of urban space, and the role of the private sector in urban policy. It concludes that, despite their limitations, the visibility of ABNY’s initiatives, their ability to construct a pervasive sense of crisis, and their apparent demonstration of public and elite consent played a significant role in the transformation of New York into the “privatized” or “neoliberal” city of today.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


Author(s):  
Samantha M. Riedy ◽  
Desta Fekedulegn ◽  
Bryan Vila ◽  
Michael Andrew ◽  
John M. Violanti

PurposeTo characterize changes in work hours across a career in law enforcement.Design/methodology/approachN = 113 police officers enrolled in the BCOPS cohort were studied. The police officers started their careers in law enforcement between 1994 and 2001 at a mid-sized, unionized police department in northwestern New York and continued to work at this police department for at least 15 years. Day-by-day work history records were obtained from the payroll department. Work hours, leave hours and other pay types were summarized for each calendar year across their first 15 years of employment. Linear mixed-effects models with a random intercept over subject were used to determine if there were significant changes in pay types over time.FindingsA total of 1,617 individual-years of data were analyzed. As the police officers gained seniority at the department, they worked fewer hours and fewer night shifts. Total paid hours did not significantly change due to seniority-based increases in vacation time. Night shift work was increasingly in the form of overtime as officers gained seniority. Overtime was more prevalent at the beginning of a career and after a promotion from police officer to detective.Originality/valueShiftwork and long work hours have negative effects on sleep and increase the likelihood of on-duty fatigue and performance impairment. The results suggest that there are different points within a career in law enforcement where issues surrounding shiftwork and long work hours may be more prevalent. This has important implications for predicting fatigue, developing effective countermeasures and measuring fatigue-related costs.


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