University of Macau / Faculty of Law

This research study examines the American paramilitary units know as Special Weapons and Tactics. Throughout this thesis, the fundamental and foundational research on police paramilitary units is presented and discussed. Additionally, this paper focuses on trends of militarization in American policing. Mainly, these trends are identified by the tremendous rise and normalization of American paramilitary police units since the internal societal wars of the 1970s. In this study, research is presented on Special Weapons and Tactics team deployments in the state of Maryland. Four years of data are analyzed focusing on proactive search warrant crime deployments from 2010 through 2013. Several independent variables including, violent crime rates, property crime rates, vice type crime rates and the number of sworn law enforcement officers are examined. The most important finding of this study is the inverse relationship between proactive vice type arrests and the proactive search warrant SWAT team deployments. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2016. / FAU Electronic Theses and Dissertations Collection

The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.

The first historical account of federal crime control policy, "From Social Welfare to Social Control" contextualizes the mass incarceration of marginalized Americans by illuminating the process that gave rise to the modern carceral state in the decades after the Civil Rights Movement. The dissertation examines the development of the national law enforcement program during its initial two decades, from the Omnibus Crime Control and Safe Streets Act of 1968, which established the block grant system and a massive federal investment into penal and juridical agencies, to the Omnibus Anti-Drug Abuse Act of 1988, which set sentencing guidelines that ensured historic incarceration rates. During this critical period, Presidential Administrations, State Departments, and Congress refocused the domestic agenda from social programs to crime and punishment. To challenge our understanding of the liberal welfare state and the rise of modern conservatism, "From Social Welfare to Social Control" emphasizes the bipartisan dimensions of punitive policy and situates crime control as the dominant federal response to the social and demographic transformations brought about by mass protest and the decline of domestic manufacturing. The federal government's decision to manage the material consequences of rising unemployment, subpar school systems, and poverty in American cities as they manifested through crime reinforced violence within the communities national law enforcement legislation targeted with billions of dollars in grant funds from 1968 onwards. By highlighting the role of race-neutral language in federal policy following civil rights legislation, the study also exposes the way structural racism endured after racism in the public sphere was no longer acceptable. Tracking the discretionary portion of the law enforcement budget that Congress permitted the White House to spend autonomously illustrates the way racism grounded color-blind crime control programs over time. With novel use of discretionary aid, White House Officials enlarged the federal government's influence over local authorities while still operating through the new states' rights paradigm the Safe Streets Act created via block grants. On the ground, federal law enforcement assistance heightened patrol forces in black urban neighborhoods and social institutions, causing disproportionate arrest rates and the unprecedented entrance of young Americans from areas of segregated poverty into state and federal penitentiaries. At the close of the first twenty years of the national law enforcement program, the number of inmates in American prisons had more than tripled. Ultimately, the dissertation questions the way the federal government helped to facilitate the process through which the state apparatus of punishment--including law enforcement, criminal justice, border management, and prison systems--quickly developed into its own viable industry in the context of urban deindustrialization and disinvestment. In contributing to debates about the persistence of poverty in the United States and drawing our attention to the federal government's role in sustaining punitive policy that first emerged in the 1960s, "From Social Welfare to Social Control" provides critical insight to one of the most important questions facing our society: why, in the land of the free, are more than one in a hundred American citizens in prison or jail?

Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health care for incarcerated females. First, a brief description of the increasing female inmate population, their significant mental health care needs, and the lack of effective mental health care they are actually receiving, followed by the issues that this poses to rehabilitation and the community will be provided. Second, an examination of the commonality of childhood physical and/or sexual abuse among the female offenders that have been diagnosed with mental illnesses will be conducted. Next, a discussion of the most common mental health diagnoses of incarcerated women, what they are said to be caused by, and how they are being treated behind bars will be directed. Finally, a conclusion covering the established relationship between physical and sexual abuse and adult mental illnesses, the issues that the lack of adequate mental health care for incarcerated females poses, and what can be done to change and improve the future will be presented.

After employment, job-related fitness requirements vary for law enforcement agencies within North Carolina. Police academies mandate specific job-related fitness requirements for recruits as a condition of graduation. Once employed, little is known about why some law enforcement agencies in North Carolina have physical fitness policies and others do not, particularly when injury rates and healthcare costs continue to rise. To better understand this inconsistency, the current study used a mixed methods approach to examine 6 midsized law enforcement agencies in North Carolina with varying fitness policies. The policy of each agency, along with OSHA work-related injuries and absenteeism reports, were examined quantitatively to determine if a relationship existed between policy and injuries and absenteeism. Analysis of variance (ANOVA) and post-hoc tests found a greater statistical significance between policy levels and injury rates than between policy level and absenteeism rates. An interview with agency personnel qualitatively identified common themed responses to determine whether the utility function of rational choice theory explained fitness policy implementation. It was difficult to determine whether the utilitarian component was the reason behind policy decisions, but data-driven results seemed to serve as an agent of fitness policy decision making. The results contributed to the limited academic literature on this topic although further research recommendations were made. The findings advocate for better officer health and fitness standards to reduce the risk of on-the-job injuries and absenteeism, and reduce health care costs to all involved.

The prevalence of cardiovascular disease (CVD) among law enforcement officers (LEOs) is slightly higher than the general population. Furthermore, the prevalence of CVD doubles among LEOs following retirement compared to the general population. The measure of arterial stiffness serves as an independent risk factor that has prognostic value for future incidence of CVD. However, there is limited research on lifestyle, occupational, and demographic factors that may be associated with increased arterial stiffness in LEOs. Therefore, the purpose of this investigation was to compare the level of arterial stiffness among LEOs versus the general population and to identify lifestyle, occupational, and demographic predictors of arterial stiffness in LEOs. Seventy male career LEOs between the ages of 24 to 54 years from Kentucky and southwest Ohio participated in this study. LEOs completed a variety of questionnaires related to health/occupational histories, occupational stress, and diet. LEOs’ body composition (bioelectrical impedance), central and brachial blood pressures, and physical activity (triaxial accelerometers) were assessed. The dependent variable of arterial stiffness was measured by carotid-femoral pulse wave velocity (cfPWV). A variety of statistical techniques including 1 sample t-tests, Pearson product moment correlations, and multiple linear regression were utilized in study analyses, with a level of significance set at p < 0.05. Compared to the general population cfPWV was significantly lower among LEO’s under 30 years of age (mean difference = -0.6 m·s-1), but significantly higher among LEOs 50-55 years of age (mean difference = 1.1 m·s-1). Utilizing stepwise multiple linear regression, age, relative body fat, and diastolic blood pressure explained the most variance in LEO’s cfPWV (adj. R2 = 0.56, p < 0.001). The primary findings of this investigation demonstrate that arterial stiffness may progress more rapidly in LEOs compared to the general population and that LEOs should focus on maintaining appropriate levels of relative body fat and blood pressure to regulate arterial stiffness and risk of CVD.

Although research confirms the effectiveness of training to improve law enforcement officers’ awareness and knowledge of people with intellectual disability, learning disabilities, and mental health disorders (Bailey, Barr, & Bunting, 2001; McAllister, Bailey, & Barr, 2002; Scantlebury et al., 2017; Wood & Watson, 2017), research related to the efficacy of autism-specific law enforcement training is limited. In order to provide up-to-date information regarding training for LEOs related to autism spectrum disorder (ASD), a systematic review of the literature was conducted for the first study. Adhering to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses for Protocols 2015 (PRISMA), a search of 13 professional databases and 28 journals was conducted using search terms related to both ASD and law enforcement training. Two research team members compared decisions for study inclusion at two points, including upon initial screening and final inclusion. From 724 articles identified during the initial search, only two articles met inclusion criteria, which suggests that limited research exists that explores ASD and law enforcement training. Included studies were summarized in terms of participants as well as training format, content, and outcomes. Limitations of the current literature, directions for future research and current implications for practice are discussed. When developing trainings, it is important to consider the input of multiple stakeholders. Thus, in the second paper, qualitative data was collected through semi-structured interviews with LEOs, adults with ASD, and caregivers. Given the importance of including the ASD community in research (Pellicano, Dinsmore, & Charman, 2014), input from individuals with ASD and caregivers was obtained to complement information solely from LEOs. The goals for study two centered around (a) characterizing LEOs’ knowledge of ASD, (b) understanding LEOs’ previous interactions with individuals with ASD, and (c) identifying training needs to best prepare LEOs for interactions with individuals with ASD. In addition, members of the ASD community, including adults with ASD and caregivers, shared perspectives regarding real and hypothetical interactions with LEOs as well as suggestions regarding LEOs’ ASD-specific training needs. Researchers utilized a grounded theory approach to analyze data from 17 participants, including six LEOs, six adults with ASD, and five caregivers. All semi-structured interviews were audio recorded, transcribed, thematically coded, and summarized by researchers according to grounded theory. Common themes among participants included the (a) potential for misinterpretations of behavior of individuals with ASD, (b) helpfulness of a universal identification system/symbol for ASD, (c) need for interactive, mandatory training unique to LEOs’ needs and roles, and (d) importance of building community connections between LEOs and individuals with ASD. Together, these two studies add significant information to the current understanding of interactions between LEOs and the ASD community as well as autism-specific training for LEOs. Study one provides up-to-date information regarding evidence-based interventions for LEOs related specifically to ASD. Further, the second study provides an in-depth understanding of the interactions between LEOs and the ASD community as reported by multiple stakeholders. Across both studies, information regarding ASD-specific training, including LEOs’ prior experiences and participants’ training recommendations, can be utilized to inform the development and implementation of ASD-specific training currently being created and utilized in communities nationwide.

Law enforcement requires comprehensive hiring and training practices in order to curb misconduct and turnover. Some of the available data suggests a shift in the dynamics of law enforcement toward a more objective approach that favors education, cognitive ability testing, a community policing orientation, and technological advances, such as body cameras, that hold enforcers of the law and the American public, accountable for misconduct and violations of the law. The utilization of various technological advances requires assessment and dynamic, comprehensive analysis. The present study examined the influence of education and the professionalization of policing hiring requirements, cognitive ability tests and training, community policing initiatives and training, and the utilization of body cameras, on the number of dismissals and voluntary resignations and police use of force incidents recorded, while considering gender composition, and ratio of officers to size of the community served, in a federally-released report. Many of the hypotheses were not confirmed. However, support for the relationship between education and officer dismissal, SARA training and all dependent variables, and gender composition and reduction in the number of use of force incidents reported, were substantiated. Implications, limitations, and directions for future research are explored herein.

This is an exploratory study which focuses on the types of information that deputies assigned to the Department of Public Safety, Multnomah County, Oregon, consider important when making a decision regarding the disposition of a juvenile offender. This empirical study developed as a result of participant observation. The authors spent one year working with deputies as part of police-social worker teams. During the course of the year it became apparent that police use a considerable amount of discretion when determining the disposition of a juvenile offender. The purpose of this exploratory study was to investigate systematically: the types of information that deputies believed play the most significant role in the decision-making process in general, the types of information that deputies used when determining which disposition to apply toward a juvenile charged with a particular offense, the personal and occupational characteristics of the individual deputy that might have had a bearing on the dispositions he applied toward a juvenile, if there was agreement between the types of information deputies generally believed were important to disposition of cases and the types of information deputies actually utilized when making a decision in particular cases, if there was agreement among officers with respect to the disposition of a juvenile in particular cases, and the relationship among types of information deputies believed were important in particular cases, the dispositions they applied toward juveniles in that case and the nature of the case presented.