scholarly journals Visible Policing: Technology, Transparency, and Democratic Control

2020 ◽  
Author(s):  
Hannah Bloch-Wehba

Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques, for two major reasons. New technologies of surveillance, often procured from or otherwise reliant on the private sector, tend to operate in opaque and unaccountable ways, augmenting police power while remaining free of meaningful oversight. At the same time, shifts in Fourth Amendment doctrine have expanded law enforcement’s ability to engage in surveillance free of oversight or scrutiny by courts or by the public. The result is that modern policing is not highly visible to oversight institutions, and is becoming even less so.In light of these informational dynamics, transparency litigation has become a core technique for rendering obscure investigative practices visible and holding police accountable. These new lawsuits form a criminal procedure “shadow docket”—they resolve important questions about democratic governance of policing without deciding on the constitutionality of searches and seizures. This Article builds on the government secrecy literature to explore the significance of this “shadow docket” and the relationship between transparency obligations and constitutional limits on police action. In the absence of meaningful Fourth Amendment safeguards, the Article shows, transparency makes policing practices increasingly visible to the public and to democratic institutions in areas in which constitutional criminal procedure today has minimal reach. These efforts to make policing visible bear important lessons for advocates and scholars of criminal procedure, criminal justice reform, and transparency itself.

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


1985 ◽  
Vol 15 (2) ◽  
pp. 165-186 ◽  
Author(s):  
John Hudson

The past decade has seen the growth of a considerable literature on the link between government popularity, as reflected by the proportion of the public indicating their intention to vote for the government in opinion polls, and the state of the economy, as represented by certain key variables. The work began in the early 1970s with articles by Goodhart and Bhansali, Mueller, and Kramer. It continued through the decade; some of the more recent contributions can be found in a set of readings edited by Hibbs and Fassbender. However, despite the amount and quality of this work, problems remain. Principal amongst these, as Chrystal and Alt have pointed out, is the inability to estimate a relationship which exhibits any degree of stability either over time or between researchers. Nearly all the studies have been successful in finding a significant relationship for specific time periods, but when these are extended, or when the function is used to forecast outside the original estimation period, the relationship appears to break down.


2020 ◽  
pp. 002085232094366
Author(s):  
Won No ◽  
Lily Hsueh

This study examines the relationship between inclusiveness with respect to the structural design of the participatory process and resource allocation outcomes in participatory budgeting. Empirically, this article examines the case of participatory budgeting in Seoul, South Korea, where redistribution is not an explicit goal. Findings suggest that creating organizational structures that enable and encourage public participation has led Seoul’s participatory budgeting to distribute public funds toward poor neighborhoods. Points for practitioners Participatory budgeting is an exemplar practice of public participation in the government decision-making process. It is a local budgeting practice that allows the public to participate, discuss, deliberate, and decide where and how to spend public money. This study highlights the importance of designing inclusive organizational structures in participatory budgeting to encourage public participation. Empirical results underscore the link between inclusive organizational structures and more equitable allocation outcomes.


2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.


2019 ◽  
Vol 21 (2) ◽  
pp. 84-146 ◽  
Author(s):  
Nikki Usher

The U.S. journalism industry is facing unprecedented challenges from questions of economic stability, rising antimedia sentiment among the government and the public, new technologies that have democratizing effects on news production, and the lowest levels of trust in journalism in decades. At the same time, the United States is facing structural inequality and political polarization that has taken on a distinctly place-based dimension. Taken together, the places of news have changed, both because of forces inside and outside journalism: The places where journalists do their work have changed, not only in an immediate sense of their own work routines but also because of the larger place-based realignment in the United States. This monograph argues that place must be at the center of scholarly and industry analysis to better understand the challenges to professional journalism today.


Author(s):  
Juan Luis Gómez Colomer

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.


2017 ◽  
Vol 29 (4) ◽  
pp. 551-572 ◽  
Author(s):  
Pavithra Siriwardhane ◽  
Dennis Taylor

Purpose The purpose of this study is to investigate the relationship between the degree of stakeholder salience and the degree of emphasis placed on accountability dimensions for infrastructure assets (IFAs) as perceived by mayors and chief executive officers (CEOs) of local government authorities (LGAs). Comparisons are drawn between the salience accorded to two broad stakeholder groups at the public level and at the government level. Design/methodology/approach Perceptions of mayors and CEOs are examined through a mail questionnaire survey administered among LGAs in Australia. Findings Overall accountability for IFAs by the LGAs is influenced by the salience accorded to the demands and needs of public stakeholders (PSs) but not the salience accorded to government stakeholders (GS). It is evident that public and managerial accountabilities are impacted by PS salience, whereas political accountability is impacted by the salience of GS. Thus, it emphasises that the establishment and implementation of policies, processes and systems that render transparency and responsiveness to the public, as well as service quality and the disclosure of performance measures, are positively affected by the salience accorded to PS groups. Research limitations/implications The results of the study may be affected by the inherent weaknesses associated with mail surveys. Practical implications Accountability of LGAs for IFAs to GS needs enhancement, specifically stronger policy incentives. Originality/value This paper contributes to the literature, providing evidence on how mayors and CEOs of LGAs perceive the salience of different stakeholders of IFAs and its impact on the perceived accountability.


1999 ◽  
Vol 32 (2) ◽  
pp. 195-210 ◽  
Author(s):  
Amanda Rose

Among the arguments for rapid economic reform in transitions to the market in Central and Eastern Europe, scholars have argued that rapid reformers could better take advantage of the period of ‘extraordinary politics’ at the beginning of the transition. Regime transitions provide a unique opportunity for politicians to implement economic reform since the public is more likely to grant the government room to reform. If the public is more likely to give politicians this window of opportunity, politicians should implement far-reaching reforms during that period. I test two propositions in this paper: (1) politicians in office during a period of liberalization will get high positive ratings at the polls which will gradually deplete over time; and (2) at the beginning of the transition, views of the current economic situation will not predict views of politics. I find that approval of the Polish government was unusually high in the first one and one-half to two years of the Polish transition. In the same period, assessments of the current economic situation only weakly affected assessments of politics. After the period of extraordinary politics comes to an end, the relationship between political and economic assessments is much stronger. Thus, in a country with a harsh economic reform program and six contentious national elections within eight years, there is strong evidence that politicians benefited from a period of extraordinary politics at the beginning of the regime.


2018 ◽  
Vol 331 ◽  
pp. 337-346
Author(s):  
Nicolae Urs

E-government usually studies focus on outcomes or user opinion. Our attempt is to see this also from the point of view of IT professionals that work in public institutions. Big cities will always be on the forefront of using new technologies in their day-to-day work and, because of that, they are usually the subject of researchers wanting to study this field. But most Romanians live in small cities, towns and villages. We are also interested in the pace of e-government development in these municipalities. After the 2017 study that focused on big Romanian cities, this year we follow up with a more comprehensive research, which aims to find out how e-government is implemented in small urban municipalities in Romania. Our research aims to learn how successful the implementation of egovernment services in Romanian local government is in the eyes of those tasked with rolling out these services. E-government is no longer a new development in the public institutions’ continuing search for better service. The interaction between citizens and companies, as well as the government, are constantly evolving, and new ways of doing things are regularly tested and adopted or discarded.


2020 ◽  
Vol 3 (3) ◽  
pp. 419-448
Author(s):  
Cláudio Júnior Damin

O artigo aborda a relação existente entre guerra e opinião pública nos Estados Unidos. O artigo foca na análise do caso da Guerra do Iraque iniciada em março de 2003 durante os mandatos de George W. Bush. Esse conflito insere-se no contexto dos ataques terroristas de 11 de setembro de 2001, sendo parte constitutiva da chamada “guerra global contra o terrorismo”. A primeira hipótese de trabalho é a de que inicialmente e reproduzindo padrões históricos anteriores, a guerra foi amplamente aprovada pela população norte-americana, processo que se prolongou por alguns meses e influenciou decisivamente para a reeleição do presidente republicano em 2004. Como segunda hipótese assevera-se que, passado algum tempo, o humor da opinião pública sofreu uma inflexão, diminuindo a aprovação popular à guerra e tendo como importante desdobramento a derrota dos republicanos na eleição de 2008, com o conflito ainda em curso. Espera-se mostrar, portanto, como a Guerra do Iraque pode ser dividida em duas fases distintas, sendo a primeira de bônus para o governo de George W. Bush e seus correligionários republicanos e a outra de ônus a partir do crescimento do número de baixas militares norte-americanas e da crise de credibilidade do governo no que concerne às perspectivas de vitória definitiva no conflito.Abstract: The article discusses the relationship between war and public opinion in the United States. The article focuses on the analysis of the case of the Iraq War that began in March 2003 during the administration of George W. Bush. This conflict is within the context of the terrorist attacks of September 11, 2001, being a constituent part of the "Global War on Terrorism." The first hypothesis is that initially and reproducing previous historical standards, the war was widely approved by the American population, a process that was prolonged for a few months and influenced decisively to the re-election of Republican president in 2004. As a second hypothesis asserts that, after some time, the mood of public opinion has undergone a shift, reducing the public approval of the war and with the important effect the defeat of the Republicans in the 2008 election. It is expected, therefore, to show how the Iraq War can be divided into two distinct phases, with the first bonus for the George W. Bush and his fellow Republicans and other liens being from the growing number of U.S. military casualties and the crisis of credibility of the government with regard to the prospects of ultimate victory in the conflict.


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