Derecho

Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentstrends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistancethe probability that delinquency or criminal activities decrease with ageand evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions:Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives.Intervention within the juvenile justice system.Role of the police.Processing and detention of youth offenders.Transferring youths to the adult judicial system.Residential placement of juveniles.The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.

Digital information and networks challenge the core practices of libraries, archives, and all organizations with intensive information management needs in many respectsnot only in terms of accommodating digital information and technology, but also through the need to develop new economic and organizational models for managing information. LC21: A Digital Strategy for the Library of Congress discusses these challenges and provides recommendations for moving forward at the Library of Congress, the world's largest library. Topics covered in LC21 include digital collections, digital preservation, digital cataloging (metadata), strategic planning, human resources, and general management and budgetary issues. The book identifies and elaborates upon a clear theme for the Library of Congress that is applicable more generally: the digital age calls for much more collaboration and cooperation than in the past. LC21 demonstrates that information-intensive organizations will have to change in fundamental ways to survive and prosper in the digital age.

Although violent crime in the United States has declined over the past five years, certain groups appear to remain at disproportionately high risk for violent victimization. In the United States, people with developmental disabilitiessuch as mental retardation, autism, cerebral palsy, epilepsy, and severe learning disabilities may be included in this group. While the scientific evidence is scanty, a handful of studies from the United States, Canada, Australia, and Great Britain consistently find high rates of violence and abuse affecting people with these kinds of disabilities. A number of social and demographic trends are converging that may worsen the situation considerably over the next several years. The prevalence of developmental disabilities has increased in low-income populations, due to a number of factors, such as poor prenatal nutrition, lack of access to health care or better perinatal care for some fragile babies, and increases in child abuse and substance abuse during pregnancy. For example, a recent report of the California State Council on Developmental Disabilities found that during the past decade, while the state population increased by 20 percent, the number of persons with developmental disabilities in California increased by 52 percent and the population segment with mild mental retardation doubled.Because of a growing concern among parents and advocates regarding possible high rates of crime victimization among persons with developmental disabilities, Congress, through the Crime Victims with Disabilities Awareness Act of 1998, requested that the National Research Council of the National Academy of Sciences conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals. Crime Victims with Developmental Disabilities summarizes the workshop and addresses the following issues:(1) the nature and extent of crimes against individuals with developmental disabilities;(2) the risk factors associated with victimization of individuals with developmental disabilities;(3) the manner in which the justice system responds to crimes against individuals with disabilities; and(4) the means by which states may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a state.

The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.

Although billions of dollars have been spent on crime prevention and control programs during the past decade, scientifically strong impact evaluations of these programs are uncommon in the context of the overall number of programs that have received funding. Improving Evaluation of Anticrime Programs is designed as a working guide for agencies and organizations responsible for program evaluation, for researchers who must design scientifically credible evaluations of government and privately sponsored programs, and for policy officials who are investing more and more in the concept of evidence-based policy to guide their decisions in crucial areas of crime prevention and control.

Every day, about 1,600 people are released from prisons in the United States. Of these 600,000 new releasees every year, about 480,000 are subject to parole or some other kind of postrelease supervision. Prison releasees represent a challenge, both to themselves and to the communities to which they return. Will the releasees see parole as an opportunity to be reintegrated into society, with jobs and homes and supportive families and friends? Or will they commit new crimes or violate the terms of their parole contracts? If so, will they be returned to prison or placed under more stringent community supervision? Will the communities to which they return see them as people to be reintegrated or people to be avoided? And, the institution of parole itself is challenged with three different functions: to facilitate reintegration for parolees who are ready for rehabilitation; to deter crime; and to apprehend those parolees who commit new crimes and return them to prison.In recent decades, policy makers, researchers, and program administrators have focused almost exclusively on "recidivism," which is essentially the failure of releasees to refrain from crime or stay out of prison. In contrast, for this study the National Institute of Justice (NIJ) of the U.S. Department of Justice asked the National Research Council to focus on "desistance," which broadly covers continued absence of criminal activity and requires reintegration into society. Specifically, the committee was asked (1) to consider the current state of parole practices, new and emerging models of community supervision, and what is necessary for successful reentry and (2) to provide a research agenda on the effects of community supervision on desistance from criminal activity, adherence to conditions of parole, and successful reentry into the community. To carry out its charge, the committee organized and held a workshop focused on traditional and new models of community supervision, the empirical underpinnings of such models, and the infrastructure necessary to support successful reentry. Parole, Desistance from Crime, and Community Integration also reviews the literature on desistance from crime, community supervision, and the evaluation research on selected types of intervention.

Ballistic Imaging assesses the state of computer-based imaging technology in forensic firearms identification. The book evaluates the current law enforcement database of images of crime-related cartridge cases and bullets and recommends ways to improve the usefulness of the technology for suggesting leads in criminal investigations. It also advises against the construction of a national reference database that would include images from test-fires of every newly manufactured or imported firearm in the United States. The book also suggests further research on an alternate method for generating an investigative lead to the location where a gun was first sold: "microstamping," the direct imprinting of unique identifiers on firearm parts or ammunition.

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

The National Institute of Justice (NIJ) is the nation's primary resource for advancing scientific research, development, and evaluation on crime and crime control and the administration of justice in the United States. Headed by a presidentially appointed director, it is one of the major units in the Office of Justice Programs (OJP) of the U.S. Department of Justice. Under its authorizing legislation, NIJ awards grants and contracts to a variety of public and private organizations and individuals.At the request of NIJ, Strengthening the National Institute of Justice assesses the operations and quality of the full range of its programs. These include social science research, science and technology research and development, capacity building, and technology assistance.The book concludes that a federal research institute such as NIJ is vital to the nation's continuing efforts to control crime and administer justice. No other federal, state, local, or private organization can do what NIJ was created to do. Forty years ago, Congress envisioned a science agency dedicated to building knowledge to support crime prevention and control by developing a wide range of techniques for dealing with individual offenders, identifying injustices and biases in the administration of justice, and supporting more basic and operational research on crime and the criminal justice system and the involvement of the community in crime control efforts. As the embodiment of that vision, NIJ has accomplished a great deal. It has succeeded in developing a body of knowledge on such important topics as hot spots policing, violence against women, the role of firearms and drugs in crime, drug courts, and forensic DNA analysis. It has helped build the crime and justice research infrastructure. It has also widely disseminated the results of its research programs to help guide practice and policy. But its efforts have been severely hampered by a lack of independence, authority, and discretionary resources to carry out its mission.

Despite efforts to reduce drug consumption in the United States over the past 35 years, drugs are just as cheap and available as they have ever been. Cocaine, heroin, and methamphetamines continue to cause great harm in the country, particularly in minority communities in the major cities. Marijuana use remains a part of adolescent development for about half of the country's young people, although there is controversy about the extent of its harm.Given the persistence of drug demand in the face of lengthy and expensive efforts to control the markets, the National Institute of Justice asked the National Research Council to undertake a study of current research on the demand for drugs in order to help better focus national efforts to reduce that demand.This study complements the 2003 book, Informing America's Policy on Illegal Drugs by giving more attention to the sources of demand and assessing the potential of demand-side interventions to make a substantial difference to the nation's drug problems. Understanding the Demand for Illegal Drugs therefore focuses tightly on demand models in the field of economics and evaluates the data needs for advancing this relatively undeveloped area of investigation.

Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.

Training police in the knowledge and skills necessary to support the rule of law and protect the public is a substantial component of the activities of international organizations that provide foreign assistance. Significant challenges with such training activities arise with the wide range of cultural, institutional, political, and social contexts across countries. In addition, foreign assistance donors often have to leverage programs and capacity in their own countries to provide training in partner countries, and there are many examples of training, including in the United States, that do not rely on the best scientific evidence of policing practices and training design. Studies have shown disconnects between the reported goals of training, notably that of protecting the population, and actual behaviors by police officers. These realities present a diversity of challenges and opportunities for foreign assistance donors and police training. At the request of the U.S. State Department's Bureau of International Narcotics and Law Enforcement Affairs, the Committee on Law and Justice of the National Academies of Sciences, Engineering, and Medicine examined scientific evidence and assessed research needs for effective policing in the context of the challenges above. This report, the second in a series of five, responds to the following questions: What are the core knowledge and skills needed for police to promote the rule of law and protect the population? What is known about mechanisms (e.g., basic and continuing education or other capacity building programs) for developing the core skills needed for police to promote the rule of law and protect the population?

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

In 2010, more than 105,000 people were injured or killed in the United States as the result of a firearm-related incident. Recent, highly publicized, tragic mass shootings in Newtown, CT; Aurora, CO; Oak Creek, WI; and Tucson, AZ, have sharpened the American public's interest in protecting our children and communities from the harmful effects of firearm violence. While many Americans legally use firearms for a variety of activities, fatal and nonfatal firearm violence poses a serious threat to public safety and welfare.In January 2013, President Barack Obama issued 23 executive orders directing federal agencies to improve knowledge of the causes of firearm violence, what might help prevent it, and how to minimize its burden on public health. One of these orders directed the Centers for Disease Control and Prevention (CDC) to, along with other federal agencies, immediately begin identifying the most pressing problems in firearm violence research. The CDC and the CDC Foundation asked the IOM, in collaboration with the National Research Council, to convene a committee tasked with developing a potential research agenda that focuses on the causes of, possible interventions to, and strategies to minimize the burden of firearm-related violence. Priorities for Research to Reduce the Threat of Firearm-Related Violence focuses on the characteristics of firearm violence, risk and protective factors, interventions and strategies, the impact of gun safety technology, and the influence of video games and other media.

Because police are the most visible face of government power for most citizens, they are expected to deal effectively with crime and disorder and to be impartial. Producing justice through the fair, and restrained use of their authority. The standards by which the public judges police success have become more exacting and challenging.Fairness and Effectiveness in Policing explores police work in the new century. It replaces myths with research findings and provides recommendations for updated policy and practices to guide it. The book provides answers to the most basic questions: What do police do? It reviews how police work is organized, explores the expanding responsibilities of police, examines the increasing diversity among police employees, and discusses the complex interactions between officers and citizens. It also addresses such topics as community policing, use of force, racial profiling, and evaluates the success of common police techniques, such as focusing on crime "hot spots." It goes on to look at the issue of legitimacyhow the public gets information about police work, and how police are viewed by different groups, and how police can gain community trust.Fairness and Effectiveness in Policing will be important to anyone concerned about police work: policy makers, administrators, educators, police supervisors and officers, journalists, and interested citizens.

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States more than quadrupled during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States recommends changes in sentencing policy, prison policy, and social policy to reduce the nation's reliance on incarceration. The report also identifies important research questions that must be answered to provide a firmer basis for policy. The study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.

Tobacco use has declined because of measures such as high taxes on tobacco products and bans on advertising, but worldwide there are still more than one billion people who regularly use tobacco, including many who purchase products illicitly. By contrast to many other commodities, taxes comprise a substantial portion of the retail price of cigarettes in the United States and most other nations. Large tax differentials between jurisdictions increase incentives for participation in existing illicit tobacco markets. In the United States, the illicit tobacco market consists mostly of bootlegging from low-tax states to high-tax states and is less affected by large-scale smuggling or illegal production as in other countries. In the future, nonprice regulation of cigarettes - such as product design, formulation, and packaging - could in principle, contribute to the development of new types of illicit tobacco markets.Understanding the U.S. Illicit Tobacco Market reviews the nature of illicit tobacco markets, evidence for policy effects, and variations among different countries with a focus on implications for the United States. This report estimates the portion of the total U.S. tobacco market represented by illicit sales has grown in recent years and is now between 8.5 percent and 21 percent. This represents between 1.24 to 2.91 billion packs of cigarettes annually and between $2.95 billion and $6.92 billion in lost gross state and local tax revenues.Understanding the U.S. Illicit Tobacco Market describes the complex system associated with illicit tobacco use by exploring some of the key features of that market - the cigarette supply chain, illicit procurement schemes, the major actors in the illicit trade, and the characteristics of users of illicit tobacco. This report draws on domestic and international experiences with the illicit tobacco trade to identify a range of possible policy and enforcement interventions by the U.S. federal government and/or states and localities.

Os Direitos Humanos dos povos indígenas brasileiros são, em teoria, protegidos pela Constituição Federal de 1988, por legislação infraconstitucional, por Tratados Internacionais de Direitos Humanos (TIDHs) ratificados pelo Brasil, além de existir uma jurisprudência na Corte Interamericana de Justiça favorável aos direitos desses povos. Entretanto, na prática, esses direitos lhes são negados, sobretudo o direito à posse de suas terras. É essa suspensão do ordenamento jurídico na proteção dos Direitos Fundamentais da população brasileira, em geral, e da população indígena, em particular, que caracteriza o estado de exceção de Giorgio Agamben e que se tornou um paradigma de atuação dos atores governamentais. Nesse contexto, o principal objetivo desta pesquisa foi demonstrar que, na prática, o direito à terra está sendo desrespeitado e ameaçado, sobretudo após os julgamentos do Supremo Tribunal Federal relativos à demarcação de terras indígenas e o início do novo Governo.

O presente trabalho parte do pressuposto de que o sistema que envolve questões relacionadas ao crime, entendido como infração às normas penais, castigo aplicado aos infratores, e às respectivas intenções recuperativas supostamente intrínsecas às penas, o qual será denominado penal-penitenciário, é visto sob perspectivas diversas. Tal fato faz com que realidades distintas coexistam, fazendo da prisão simultaneamente céu, inferno e purgatório, causando uma certa esquizofrenia ao sistema, que é carregado de mitos. Assim, o entendimento de que cada uma dessas realidades é resultado de uma construção psicológica e social será base para a sua desmistificação. Serão analisados, portanto, o mito religioso, a partir da criação do mundo, do mandamento divino, do pecado e de suas consequências, segundo as concepções do Deus-judaico e do Deus-cristão; o mito contratualista, que prega o contrato social como momento fictício da formação da sociedade civil, com o abandono do estado de natureza e consequente instituição de leis para impor direitos e deveres com o intuito de manter a ordem; e, por fim, o mito jurídico, que sustenta o ideal de que a justiça é justa, seja ela como for. Tal reflexão crítica e abrangente será no intuito de compreender as estruturas fundantes da própria sociedade, no intuito de conhecer a origem, evolução e atual conjuntura da arquitetura prisional.