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81. How to Repair the U.S. Immigration Detention System

Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
As the Obama Administration embarks on its second term and recommits itself to immigration reform, it should prioritize its commitment to transform the immigration detention system . In 2009, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) committed to overhaul the U.S. immigration detention system and shift it away from its longtime reliance on jails and jail-like facilities. Since that time, ICE has taken steps to address some of the problems in the existing system. It has, for example, hired onsite detention service managers to improve oversight, implemented new parole guidance for arriving asylum seekers, and streamlined the process for detainee health care treatment authorization. It has also taken a number of steps towards a broader transformation of the system, such as opening a “model” civil detention facility in Karnes County, Texas, that offers conditions more appropriate for immigration detainees.
Topic:
Immigration, Governance, Law Enforcement, Law, and Reform
Political Geography:
United States

82. Managing Migration and Integration: Europe and the US

Author:
Philip Martin
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Institute of European Studies
Abstract:
Most Americans and Europeans in opinion polls say that governments are doing a poor job of selecting wanted newcomers, preventing the entry and stay of unwanted foreigners, and integrating settled immigrants and their children. This seminar reviewed the evidence, asking about the economic and socio-political integration of low-skilled immigrants and their children.
Topic:
Economics, Migration, Immigration, Governance, and Law Enforcement
Political Geography:
United States, America, and Europe

83. From impunity to prosecution? Sexual violence in Sudan beyond Darfur

Author:
Liv Tønnessen
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Serious shortcomings in Sudanese laws and practices contribute to the lack of protection of victims of rape in Sudan. There is need for comprehensive legal reform, particularly of Sudan's Criminal Law of 1991. The categorisation of rape as a form of adultery does not result only in the virtual impossibility of convicting a rapist, but may even lead to the incrimination of the female victim of rape instead. This is particularly problematic considering the widespread use of sexual violence in the Darfur conflict. One of the encouraging consequences of the international attention on war rapes in Darfur is that women activists are increasingly positioning sexual violence against women as a concern on the national political agenda. Several legal reform initiatives are under way within the country among both state and non-state actors alike. The comprehensiveness of the reforms suggested differs in substance, but there is a consensus among both government and civil society actors that there is a need to differentiate between rape and adultery in current law. This consensus is extremely important, especially considering the sensitive and increasingly politicised and polarised debate on the topic. Although women face serious challenges in the Sudanese legal system, it is important to highlight how women activists are launching reform initiatives in order to bring justice to rape victims and to end the system of impunity for rapists. International donors can contribute a great deal in terms of supporting these reform initiatives and facilitating dialogue forums.
Topic:
Crime, Gender Issues, Human Rights, Law Enforcement, and Law
Political Geography:
Africa and Sudan

84. Broadening the Base of United Nations Troop-and Police-Contributing Countries

Author:
Paul D. Williams and Alex J. Bellamy
Publication Date:
08-2012
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Today, United Nations (UN) peacekeeping stands at another crossroads. With consistently high demands for peacekeepers and an expanding range of mandated tasks, the UN faces the challenge of finding more, and better, peacekeepers. This comes at a time when financial austerity measures are being imposed across much of the world and in a political context where the UN must compete with other international organizations to recruit peacekeepers from what is a relatively limited global pool of relevant capabilities. To meet the challenge, the UN's New Horizon initiative and the General Assembly's Special Committee on Peacekeeping Operations (C-34) have called for an “expanding of the pool of available capabilities.” The Providing for Peacekeeping Project was established by the International Peace Institute to inform and assist this endeavor.
Topic:
Conflict Resolution, United Nations, Law Enforcement, and Peacekeeping

85. Networked Justice: Judges, the Diffusion of Ideas, and Legal Reform Movements in Mexico

Author:
Matthew C. Ingram
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Existing research shows that the ideas of judges matter for judicial behavior both on the bench (decision making) and off the bench (lobbying and mobilization for institutional change). Yet there is little empirical evidence regarding the content and distribution of these ideas and even less evidence and fewer theoretical propositions regarding the manner in which ideas transfer or diffuse among judges. Addressing these empirical and theoretical gaps, I survey judges in the Mexican state of Michoacán and apply techniques of network analysis. The project makes four main contributions: (1) original data on the attitudes of judges regarding prominent institutional and jurisprudential changes shaping the legal landscape in Mexico; (2) egocentric data on network structure for the sampled judges; (3) sociocentric data on network structure at the level of judicial district, state supreme court, and entire state generated by aggregating the egocentric data; and (4) a mixed-methods analysis of the causal relationship between network features and judicial attitudes, drawing on egocentric methods, sociocentric methods, and personal interviews with focal individuals. Complementing literatures on political socialization, policy diffusion, and complex systems, the analysis clarifies our understanding of the role of judicial networks in strengthening democracy and the rule of law.
Topic:
Civil Society, Democratization, Development, Political Economy, Governance, Law Enforcement, and Law
Political Geography:
Latin America and Mexico

86. Stabilizing Pakistan through Police Reform

Author:
Hassan Abbas
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
Asia Society
Abstract:
This report seeks to provide a much-needed framework for police and law enforcement reform in Pakistan in the hope that the country's policy makers and political actors will incorporate police reform into the national agenda. It is encouraging to note that some political parties in Pakistan are now emphasizing the need for police reform in their political manifest.
Topic:
Security, Crime, Development, Counterinsurgency, and Law Enforcement
Political Geography:
Pakistan and South Asia

87. Public procurement and organized crime – illustrated with examples from Bulgaria, Italy and Norway

Author:
Jens Chr.1 Andvig
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
The paper provides a semi-popular exposition of the formulation of public procurement and privatization mechanisms and how they may be influenced by organized crime units. A number of possibilities are outlined using examples from Bulgaria, Italy and Norway.
Topic:
Civil Society, Crime, Governance, and Law Enforcement
Political Geography:
Europe, Norway, Bulgaria, and Italy

88. Indonesia: The Deadly Cost of Poor Policing

Publication Date:
02-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Indonesian communities are increasingly turning to violence to retaliate against the police for abuses, real or perceived. Some 40 attacks on police stations and personnel since August 2010 are clear evidence that community policing, the centrepoint of the police reform agenda, is not working; police are too quick to shoot, usually with live ammunition; and little progress has been made toward police accountability. In the absence of urgent reforms and mechanisms to address local grievances, public hostility is likely to grow. Police are supposed to be helping prevent conflict but too often they are contributing to its outbreak.
Topic:
Security, Human Rights, and Law Enforcement
Political Geography:
Indonesia and Southeast Asia

89. Renewing Federalism by Reforming Article V: Defects in the Constitutional Amendment Process and a Reform Proposal

Author:
Michael B. Rappaport
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
The constitutional amendment procedure of Article V is defective because the national convention amendment method does not work. Because no amendment can be enacted without Congress's approval, limitations on the federal government that Congress opposes are virtually impossible to pass. This defect may have prevented the enactment of several constitutional amendments that would have constrained Congress, such as amendments establishing a balanced budget limitation, a line-item veto, or congressional term limits. The increasingly nationalist character of our constitutional charter may not be the result of modern values or circumstances, but an artifact of a distorted amendment procedure. Article V should be reformed to allow two-thirds of the state legislatures to propose a constitutional amendment which would then be ratified or rejected by the states, acting through state conventions or state ballot measures. Such a return of power to the states would militate against our overly centralized government by helping to restore the federalist character of our Constitution. Moreover, a strategy exists that would allow this reform to be enacted.
Topic:
Civil Society, Government, Law Enforcement, and Law
Political Geography:
United States

90. Cops and Crime in Kenya

Author:
Tiberius Barasa and Jens Chr.1 Andvig
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
This paper presents and analyzes most empirical research about crime and police corruption in Kenya that has been based on vicitimization statistics. It shows the wide variation in outcomes and draws implications of this for the potential use of this approach for police and crime policy. This is used as a background for the researcher's own victimization study which combines this information with a survey of police officers' attitudes and experiences. In a more theoretical section it discuss how officer rotation, crime registration procedures and citizen mobility controls may work when crime policies are considered as a set of collective action games where both police officers and community members are engaged.
Topic:
Corruption, Crime, and Law Enforcement
Political Geography:
Kenya and Africa