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2 results on '"Violence -- Laws, regulations and rules -- Prevention"'

1. RETHINKING THE 'NO-DUTY' RULE: HOW DESHANEY CAN BE REFORMED TO ENABLE OBJECTIVE, COHERENT ANALYSIS AND PROTECTION FOR MORE VICTIMS OF CRIME.

Author

Brellis, Annaliese

Subjects
Victims of crimes -- Laws, regulations and rules -- Demographic aspects, Sovereign immunity -- Laws, regulations and rules, Exceptions (Law) -- Laws, regulations and rules, Tort liability -- Laws, regulations and rules, Police brutality -- Laws, regulations and rules, Violence -- Laws, regulations and rules -- Prevention, Government liability -- Laws, regulations and rules, DeShaney v. Winnebago County Department of Social Services 489 U.S. 189 (1989) (489 U.S. 189 (1989)), Government regulation, Civil Rights Act of 1871 (42 U.S.C. 1983)
Abstract

INTRODUCTION 156 I. BACKGROUND 159 A. Summary of DeShaney 159 B. DeShaney's Antithesis: Affirmative Duty Laws 161 II. DEFECTS IN DESHANEY 163 A. The Action-Inaction Distinction Should Not Be Categorically [...], "Failure-to-protect" cases, situations in which crime victims do not receive reasonably relied-upon police protection, receive troubling treatment under the law. This problem originated with the Supreme Court case DeShaney v. Winnebago County Department of Social Services, which held that litigants cannot bring a substantive due process claim for failure-to-protect cases. In doing so, the Court espoused a distinction between state action and inaction that relied upon unsound assumptions about state obligations and paltry factual analysis. DeShaney is troublesome because it provides only two situations in which failure-to-protect cases can be successful: physical, involuntary police custody and the state-created-danger doctrine. These exceptions are too narrow; they exclude the frequent situations in which police officers fail to carry out their duties when they are a severely injured victim's only possible source of protection. This Comment proposes two methods for providing more protection to victims who are faced with imminent violence and thus rely on police presence. One approach is to expand the custody exception past considerations of whether a victim is in physical custody and to account for the facts of the victim's situation and reasonable police knowledge of those facts. A more drastic approach would be overturning DeShaney and replacing it with a dereliction-of-duty standard that considers steps the police took in handling a victim's case and the effects of their inaction. The legal realm will benefit from standards that eschew the DeShaney Court's misguided attempts at categorizing police conduct as action or inaction and clarify police obligations through fact-specific analysis.

Published
2024

2. Evaluating the Effect of Homicide Prevention Strategies in Sao Paulo, Brazil: A Synthetic Control Approach

Author

Freire, Danilo

Subjects
São Paulo, Brazil (City) -- Social policy -- Safety and security measures, Criminal statistics -- Forecasts and trends, Homicide -- Laws, regulations and rules -- Prevention, Violence -- Laws, regulations and rules -- Prevention, Government regulation, Market trend/market analysis, Humanities, Regional focus/area studies
Abstract

Although Brazil remains severely affected by civil violence, the state of Sao Paulo has made significant inroads into fighting criminality. In the last decade, Sao Paulo has witnessed a 70 percent decline in homicide rates, a result that policy-makers attribute to a series of crime-reducing measures implemented by the state government. While recent academic studies seem to confirm this downward trend, no estimation of the total impact of state policies on homicide rates currently exists. The present article fills this gap by employing the synthetic control method to compare these measures against an artificial Sao Paulo. The results indicate a large drop in homicide rates in actual Sao Paulo when contrasted with the synthetic counterfactual, with about 20,000 lives saved during the period. The theoretical usefulness of the synthetic control method for public policy analysis, the role of the Primeiro Comando da Capital as a moderating variable, and the practical implications of the security measures taken by the Sao Paulo State government are also discussed. Apesar de o Brasil permanecer gravemente afetado pela violencia civil, o estado de Sao Paulo tem realizado progressos significativos no combate ao crime. Na ultima decada, Sao Paulo testemunhou uma queda de 70% em suas taxas de homicidio, um resultado que formuladores de politicas publicas atribuem a uma serie de medidas de redugao de criminalidade adotadas pelo governo estadual. Embora estudos academicos recentes paregam confirmar esta tendencia de baixa, ainda nao ha estimativas do impacto total das politicas estatais sobre a taxa de homicidios. O presente artigo visa preencher tal lacuna ao empregar o metodo de controle sintetico para comparar tais medidas contra um Sao Paulo artificial. Os resultados indicam uma grande queda nas taxas de homicidio quando contrastadas com o contrafactual sintetico, com cerca de 20,000 vidas salvas durante o periodo. A utilidade teorica do controle sintetico para a analise de politicas publicas, o papel do Primeiro Comando da Capital como variavel moderadora, e as implicates praticas das medidas de seguranza adotadas pelo governo do estado de Sao Paulo tambem sao discutidas., Introduction Brazil has long been ravaged by an undeclared civil war. According to the Citizen Council on Public Security and Criminal Justice, a Mexican think tank, nineteen of the fifty [...]

Published
2018
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