A common legislative response to certain social problems is to
ban it We have banned Certain guns and gun-related products Various
types of drugs
Slide 4
Crash course in basic economics Where there is a demand, there
will be a supply Who cares? As long as demand is not targeted,
efforts to restrict supply wont succeed
Slide 5
Efforts have been made to ban gambling, in response to 19 th
-century lottery corruption Organized crime Police corruption Did
it work? No! Almost all states have banned prostitution Has
prostitution gone away? Of course not Commonalities When social
ills such as these are criminalized, they are not consistently
prioritized by the justice system (i.e., inadequate and partial
enforcement)
Slide 6
Prohibition is cited most frequently in support of critics
arguments that banning products/substances doesnt work Modest
reduction in alcohol consumption Black market Instead of solving
the problems of criminality, through this amendment crime and
corruption arose in America
Slide 7
We are a gun-toting society Approximately 200 million guns in
circulation Two types of gun bans stand out Federal legislation Gun
Control Act of 1968 1994 Violent Crime Control Act Citywide gun
bans Has federal legislation worked? Many say no, partly because
the guns it targets are rarely used in crimes (ex assault weapons
ban) What about citywide bans? Little research is available
Research that is available is not conclusive
Slide 8
McDonald v. City of Chicago- the end of gun prohibition as an
idea. The simple, undeniable truth is that gun control does not
work. Strict gun-control policies have failed to deliver on their
essential promise: that denying law- abiding citizens access to the
means of self- defense will somehow make them safer. This should
come as no surprise, since gun control has always been about
control, not guns. Why bans enacted: fear of government of their
own people?
Slide 9
America has taken a supply-side approach to drugs This consists
of Interdiction Eradication Do drug bans work? No! Black markets
Adverse effects on inner city communities Disproportionate number
of minorities going to prison Violence tied to drug selling
Reduction in number of positive adult male role models Corrupting
influence on law enforcement Public health consequences Potency of
drugs Costs of treating addicts and responding to drug-related
violence and death
Slide 10
Gun control includes Altering gun designs Regulating gun
transactions Denying gun ownership to dangerous persons Buybacks
Limiting the right to carry
Slide 11
Gun manufacturers have been encouraged to improve gun designs,
such as by Including indicators as to whether a weapon is loaded
Installing trigger locks Incorporating personalized gun technology
Effect on crime? Probably none because Improved gun designs are
mostly intended to reduce accidental shootings Firearms are exempt
from regulation by the Consumer Product Safety Commission
Slide 12
People who cant buy guns, according to the Gun Control Act of
1968, include Minors Adults under indictment or who have been
convicted of a felony People convicted of misdemeanor domestic
violence Illegal aliens People confined because of mental disorders
Others If we regulate gun transactions, will gun violence decline?
Probably not, because The secondary market is pervasive ATF is
understaffed and cant possibly inspect all licensed firearms
dealerships frequently enough
Slide 13
The Brady Handgun Violence Prevention Act (1994) was
responsible for background checks Effectively created a waiting
period Did Brady work? Prohibited thousands of people from buying
guns Effects on crime unclear, according to a number of studies Why
was Brady not a resounding success? Not all states were bound by it
Act was short-lived (expired in 1998)
Slide 14
Some states have experimented with gun buy-back programs Do
buy-backs affect crime? Studies seem to say no Why? Short-lived Can
always buy more guns Token reward for turning in a gun Buy-back
participants are at a low risk of offending
Slide 15
Article referred to buy back as political theater and make
great TV and give the impression that politicians and police chiefs
are putting a dent in the supply of dangerous firearms. The guns
that tend to be surrendered are very seldom the ones used by
criminals. Turned in by older people who would rather have a $100
gift certificate to buy groceries.
http://articles.latimes.com/2009/may/12/opinio n/ed-buybacks12
Slide 16
Some states allow people to carry concealed weapons John Lotts
book, More Guns, Less Crime, makes a case for universal concealed
weapons laws Lott showed deterrent effect in shall issue states
Others have severely criticized Lotts research Some studies show
increases in crime in right-to-carry states!
Slide 17
Sex offenders are among the most persistent offenders Two
popular approaches have been used to address crimes committed by
sex offenders Megans law Requires registration Jessicas Law GPS
monitoring of sex offenders Adam Walsh Child Protection and Safety
Act Buffer zone laws Texas sex offender registry:
https://records.txdps.state.tx.us/DPS_WEB/SorNew/ind ex.aspx
Slide 18
Indicators are they do not. This new story from New Jersey,
headlined " Report finds Megan's Law fails to reduce sex crimes,
deter repeat offenders in N.J.", ought to impact the debate over
sex offender registration laws. I doubt it will, in part because
(as the article shows) politicians eager to show how tough they are
rarely worry much about the true effectiveness of the laws they
support. This new story from New Jersey Link:
http://sentencing.typepad.com/sentencing_law_and_policy/2
009/02/study-on-sex-offender-registration-in-new-jersey-
suggests-its-ineffectiveness.html
Slide 19
Failed to deter sex crimes or reduce the number of victims
since its passage 15 years ago. Growing cost of carrying out the
law -- estimated at $5.1 million statewide in 2007 -- "may not be
justifiable. There is little evidence to date, including this
study, to support a claim that Megan's Law is effective in reducing
either new first-time sex offenses or sexual re-offenses
Slide 20
Sarbanes-Oxley Act of 2002 Targets corporate accounting fraud
Section 906 certification CFO or CEO signs off on SEC filings
Critics say it duplicates existing law The Patriot Act Detentions
Improved intelligence gathering Military tribunals Does it work?
How can we know?
