Today’s Investigative Special Report – November 26, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “When Incompetence Makes a Difference in the Investigation”

English: Rib fractures in an infant secondary to child abuse (Photo credit: Wikipedia)

By Lawrence W. Daly, MSc

Forensic Expert – Senior Author

A crime occurs and generally there are three types of people involved in an alleged crime; the complainant who is generally the victim, the perpetrator who is generally the individual who committed the crime, the witness who by one of his senses (e.g. saw the crime occur, heard it, and etc.) became involved in the alleged crime. Law enforcement is called to respond to the event and investigate the alleged event to determine if a crime occurred. Depending on the evidence and facts of the case the officer begins to compile any and all information about the alleged event. Depending on the seriousness of the alleged event the first responder may request assistance from other reactive patrol units, supervisors, and the major crimes division.

The first responder will either handle the investigation or turn the case in for additional follow-up. Once the information is gathered by the first responder he will have to make immediate decisions about what steps he must take to protect evidence and those individuals who may have either participated in the alleged crime or became involved because they were in the right spot at the wrong time.

When it comes to serious crimes such as robberies, homicides, child rapes, and arson the first responder would request his sergeant to respond to the scene, advise him of his findings and request the sergeant to call out the detective(s) who work within the specialized area of expertise i.e. the type of crime. If the detective decides to respond to the alleged crime scene, then upon his arrival he will take charge of the investigation.

It will take many hours for the detective to perform his functions as a thorough, competent, and intelligent investigator. The detective will need to understand all aspects of the alleged crime. One of the first tasks the detective must determine is if in fact a crime was committed. If the facts and evidence do not support that an event which did occur but wasn’t criminal the investigator will close out the case.

The decision of which investigative steps should be taken by the detective is predicated upon what is apparent, obvious, easy to understand, and presents little to no critical thinking. The investigative steps the detective will take generally is acquired from the basic crime scene investigation workshop. Detectives are generally required to participate in these types of workshops if an officer intends on becoming a detective.

The areas which need to be explored and developed specifically deal with the information retrieved from the parties at the event that a crime did or didn’t occur. However, in child sexual abuse cases, there will be witnesses who are involved in the case. This is where a competent and intelligent detective can make a difference in ascertaining the facts about the allegations. One of the greatest 

problems are detectives believe they only are to interview the complainant, the suspect, and a witness.

In gathering the facts most law enforcement officers make the mistake by failing to understand, identify, or reasonably conclude when the actual complaint began. In a recent child sexual abuse allegation where a man was criminally charged for allegedly raping his granddaughter law enforcement began their investigation at the middle of the complaint. The training and education law enforcement officers do not instruct them in how to develop what the ‘motive’ was for the child and complainant to make such serious allegations. Failure to understand the ‘motive’ puts the integrity of the case at risk.

In serious crimes such as child rape or molestation law enforcement begins their investigation at the time the guardian or professional reports the alleged abuse. During the investigation the first responder will take the basic information from the complainant, obtain the witnesses names, telephone numbers, addresses, and a brief sketch of what they know.

The key for the first responder is to gather any and all evidence at the crime scene which is visible. If the crime scene is a scene which needs to be processed, then the first responder will have a crime scene unit (technicians) come to the location where they made contact with the complainant. In investigations the first responder has only one opportunity to protect, identify, gather, and store all evidence. The analysis of the evidence will eventually be sent to the State Crime Laboratory. The transfer from the law enforcement agency to the Laboratory is generally performed by the detective assigned to the case. Sometimes the crime scene technicians who collect the evidence at the crime scene will take the evidence directly to the crime lab. Everything in law enforcement is performed for a reason. Most importantly the sole reasons are to protect physical, biological, and trace evidence which may link the perpetrator to the crime.

child abuse (Photo credit: Southworth Sailor)

In the child abuse case discussed above, the child was interviewed by a multitude of professionals. The goal is to keep any and all child victim interviews to a minimum. Unfortunately, this is a high standard which is rarely achieved because each professional is responsible to obtain information for their specific role and responsibilities. In this case the circumstances were no different than those of most child abuse investigations. The problem which is not unusual in child sexual abuse cases is people who were identified by witnesses were not contacted nor were they interviewed. This creates a situation where the detective only understands a portion of the crime. Remember, most detective can only handle an investigation is where everything is right in front of them. Thinking outside the box is rarely accomplished because they never received the training, nor would they understand how to perform this function of the investigation.

When defense professional child abuse experts interviewed the lead detective responsible to investigate the allegations, she had no reason or could she logically explain why potential witnesses were not contacted.

Interviews conducted by the defense professional child abuse experts took the investigative steps to identify any and all witnesses and interviewed them.

The detective in the case began the investigation in what she thought was the origin of the complaint. Truly she was correct that the mother of the child called law enforcement and reported that 

she had allegedly received a disclosure from her six year old daughter. Her thoughts, belief, and opinion was how would her six year old daughter have so much information about multiple detailed sexual acts. These detailed sexual acts according to her thinking only could have come from the child being sexually abused by the grandfather.

The witnesses the detective failed to interview had information which was relevant and material to the case. The mother and father of the child were never married and had other relationships at the time of the alleged disclosures.

Behind the scene and unknown to the detective, the father’s girlfriend was a child sexual abuse victim. When she was very young a man sexually assaulted her and committed multiple sexual acts on her. The girlfriend’s statement to the defense experts were, “I wanted her to know that it wasn’t right for anyone to touch her in her vaginal area, unless it was her father, mother or doctor.” Further, she admitted that she told the child about these acts during multiple bedtime discussions, including a couple with the father being present. She said she just wanted to make sure the child was safe. The father never told the detective or defense experts about the bedtime discussions. The detective didn’t know to ask these questions because she failed to interview the girlfriend stating she didn’t believe she had any relevant information.

A Crane for Each Child; Students Seek End to Child Abuse (Photo credit: ct senatedems)

The defense experts asked the father about any and all conversations and his response was he never talked to his daughter about it as it upset him. A slippage in memory; or just a convenient memory lapse?

The discussion with the father’s girlfriend and the child happened over a two month period. The child reporting to her mother that she had been sexually abused by her grandfather came shortly thereafter.

Thinking outside the box takes a special law enforcement officer who spends his time educating himself as much as possible. This would include attending workshops, conferences, webinars, any other training and education events; reading specialized books on investigations, child sexual abuse; interviewing of children; the collection of evidence and the significance of the evidence; interrogation techniques; critical thinking; psychology; memory and etc.

A well-rounded law enforcement officer may make a formative, thorough, competent, and intelligent detective. The amount of effort anyone especially a law enforcement officer takes the reasonable and logical time to become the best they can be will bring integrity to their reputation as being an outstanding officer.

In the case discussed above you need to ask yourself if a competent and intelligent detective would have been assigned to this case would the grandfather would have been criminally charged with a crime he didn’t commit. The amount of money he has paid to prove his innocence is unbelievable. All because a detective believed that all that was required were the interview of the child, mother, father, grandmother, and the grandfather.

Too many times law enforcement agencies and administrators are never made aware of these types of officers in their agency and the damage they cause to the citizens in their community. When it comes to child sexual abuse allegations law enforcement need to have the best educated and trained detectives investigating allegations of abuse. There are no national or state law enforcement child sexual abuse investigative standards Child advocate groups have led the way in this area, but they are as untrained as the detective described above.

The future must provide law enforcement national and state child sexual abuse investigative standards which advocate the need for consistency in the manner in which law enforcement investigates abuse allegations. Law enforcement administrators need to evaluate the type of education and training programs which are seriously and immediately needed to bring integrity to these professional specialized investigations. The answers are available to resolve the problems in this area but it will take leadership by everyone involved to begin changing the current ideology and standards.

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Secondary Health Insurance - Health

Secondary health insurance has a number of benefits associated with it. From money saved on expensive procedures to a decreased rate of denials for coverage of any specific medical issue, this is one option that many people cannot afford to ignore.

This type of health coverage is generally optional, and is usually obtained by being listed as a dependent on a spouse's health insurance policy. With the primary health insurer listed usually being one's employer, Medicaid, or Medicare, all claims first go through the primary insurance company.

Upon a visit to any physician's office, one of the required documents requests information about current insurance policies. Listing the primary and both the secondary policy is necessary to ensure that all of the benefits are obtained from both policies, or coverage and premium costs are wasted.

For all types of medical care, whether it is a simple check-up or an intensive care stay in the local hospital, billing goes through a process that is determined by what you write on the insurance documentation you give the provider.

First all bills are submitted to the primary insurance company, which evaluates the case and pays their "allowable" amount. This is then sent to the provider, who updates the information and sends the new billable amount on to the secondary insurance company. This carrier then repeats the process, and any additional expenses are billed to you.

Due to the double coverage, it is extremely rare that a patient with secondary health insurance will be required to pay much when it comes to out-of-pocket expenses, aside from the deductibles that must be met by both policies at the beginning of each year.

In addition, there are often holes in any health insurance policy. While some cover expenses related to vision and dental treatments, others do not. If your primary insurer does not cover these services, you may be able to obtain coverage through your secondary health insurance carrier. With the rising costs of health care not excluding dental and vision treatments, this can amount in a significant savings.

Even individuals that have gone through their health insurance policy with a fine tooth comb may find themselves faced with an unexpected claims denial. If it is believed to be in error, it should be resubmitted or appealed to the primary insurer. However, if it is still determined to be a non-covered medical expense, it may be submitted to the secondary insurance provider, which hopefully will cover the expense. Since you are sending a claim to two different providers, there is an increased chance that one or the other will approve your request.

Most people with Medicare Part A need to purchase secondary health insurance. Since Part A only covers hospital-related expenses, often it is a necessity to find supplemental coverage. While there are a number of companies out there that offer this service, be aware that any that make claims regarding paperwork are not being truthful- only your provider makes the decision as to who completes the paperwork.

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Term Life Insurance ? A Better Option to Mortgage Life Insurance

A mortgage life insurance is a type of insurance policy that is designed to pay off your mortgage in the event of your untimely death. The insurance company will pay off any outstanding balance left on your mortgage leaving your family debt-free. Typically, in this type of insurance, as your mortgage decreases, so does the amount of insurance.

How Mortgage Life Insurance Works

When mortgage insurance begins, the coverage must equal the outstanding amount on the repayment mortgage. The policys termination date must coincide with the date scheduled for the final payment on the repayment mortgage. The insurance company calculates the annual rate at which the insurance cover should decrease in order to reflect the value of the capital outstanding on the repayment mortgage. Some mortgage policies will include provisions for payouts if the policyholder is diagnosed with a terminal illness from which he or she is expected to die within a year of being diagnosed.

Purchasing mortgage life insurance is not such a good idea. In fact, its hard to find any mortgage life insurance which offers good value. The main reason why purchasing this type of insurance is a bad idea is because currently, traditional mortgage life insurance rates are not as competitive, as say, most term life rates.

Reasons why mortgage life insurance is not a good idea

Term Life Insurance Makes More Sense

More People Choose Term Life Insurance over Mortgage Life Insurance

It is more common to see people purchasing term life insurance with return of premiums options instead of mortgage life insurance. At the end of the term, all the premiums you have paid are refunded to you, tax-free.

Another better option to mortgage life insurance is a level term life policy. A level term life policy will give you the benefit of paying level premiums throughout the term period. And unlike mortgage life insurance, your death benefits will not decrease during the full term period.

Finding the Best Deal on Term Life Insurance

You can get the best term life insurance at the most affordable price by using online life insurance providers. Many of these not only offer the best term life insurance quote but also free professional services to help you identify policies that suit your needs the best and make meaningful recommendations. Look for online life insurance providers who are BBB-accredited and are affiliated with the best life insurance carriers in the industry. They will provide you with instant life insurance quotes which you can use to compare prices and products. This will help you make an informed decision and land you with a policy that best suits your needs at the most affordable price.

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Special Economic Zone: A Boon For Indian Economy

It is a trade capacity development tool, with a goal to promote rapid economic growth by using tax and business incentives to attract foreign investment and technology. By offering privileged terms, Special Economic Zones attract investment and foreign exchange, spur employment and boost the development of improved technologies and infrastructure.

In India, Special Economic Zones are being established in an attempt to deal with infrastructural deficiencies, procedural complexities, bureaucratic hassles and barriers raised by monetary, trade, fiscal, taxation, tariff and labour policies. Since country-wide development of the infrastructure is expensive and implementation of structural reforms would require time, ( Special Economic Zones/Export Processing Zones) are being established as industrial enclaves for expediting the process of industrialization.

One of the earliest and most famous Special Economic Zone was founded by the government of the People's Republic of China under Deng Xiaoping in the early 1980s.

Government of India in April 2000 announced the introduction of Special Economic Zones policy in the country. As of 2007, more than 500 Special Economic Zones have been proposed, 220 of which have already been created. This has raised the concern of the World Bank, which questions the sustainability of such a large number of Special Economic Zones.

Tracing Indian economic reforms In India several attempts have been made to liberalize the system of economic management. In 1980s, the Indian Government focused on reorganizing low-efficient state-run enterprises and partial disinvestment, relaxing the control on private enterprises and foreign capital, introducing competitive mechanisms, reducing protection for domestic industries, promoting and importing advanced technological equipment from abroad etc.

In 1991, the reformed trade and industrial policy eliminated licensing requirements for private domestic and foreign investment in certain industries and relaxed the restrictions under the Monopolies and Restrictive Trade Practices Act on expansion, diversification, mergers and acquisitions by large firms and industrial houses. Special Economic Zones came in pursuance of this export led growth strategy.

Special Economic Zones were announced by the Government of India in April 2000 as a part of the Export-Import policy of India. The government realized the need to enhance foreign investment, promote exports from the country and at the same time provide a level playing to the domestic enterprises, while ensuring manufacturers to be competitive globally.

The Special Economic Zones as announced by the Government of India in 2000 were deemed to be foreign territory for the purposes of trade operations, duties and tariffs. These zones were to provide an internationally competitive and hassle free environment for exports. Units were allowed be set up in Special Economic Zone for manufacture of goods and rendering of services. All import/export operations of the Special Economic Zone units were on self-certification basis. Anything could be imported duty free but sales in the Domestic Tariff Area by Special Economic Zone units were subject to payment of full Custom Duty and as per import policy in force. Further Offshore banking units were being allowed to be set up in the Special Economic Zones. The policy provided for setting up of Special Economic Zones in the public, private, joint sector or by State Governments.

On 31st August 2004 the Department of Commerce announced the Foreign Trade Policy 2004-2009 to create an appropriate institutional framework and policy environment for facilitation and growth of external trade. The basic objective of this policy was to double India's share of global merchandise trade by 2009 and make exports an effective instrument of economic growth and employment generation. The Special Economic Zone Act, 2005 and the Special Economic Zone Rules, 2006 were introduced under this policy, to regulate and promote the development of these industrial enclaves.

The Act designated the Special Economic Zones a duty free enclave to be treated as foreign territory only for trade operations and duties and tariffs. Under the Act, no license is required for import and no routine examination is to be conducted by the custom authorities of the export/import cargo. To aid backward and forward integration of the economy, the Act provides exemptions to Special Economic Zone units and Special Economic Zone developers from all indirect taxes, including basic customs duty, countervailing duty, education cess, and direct taxes while at the same time domestic sales are subject to full customs duty and import policy in force. The Act provided the freedom to subcontract. It also permitted manufacturing, trading and service activities in the Special Economic Zones.

India and China : Whether on a Level Platform Success stories of large and small developing countries can be explained by the growth of world trade and opening up of these economies with market based deregulation. But from any in-depth scrutiny one finds that the reform package under the broad heading of "liberalization" is very different from country to country. There is no standard recipe of a "reform package". A lot of factors influence the performance of Special Economic Zones in a country e.g. economic history, location, industries, state policy etc. Since India has adopted the idea of the special economic zones from China it becomes pertinent to study the history of economic development in India and China.

China's success can be ascribed largely because of its effective population control. In the pre-reform days, both in China and India top priority was given to equity, removing poverty and increasing the social aspects of standards of living. This, however, was attempted in China under a total state-controlled economy and in India with the public sector playing a dominant role along with the market forces. Both the economies adopted a strategy of import substitution and heavy industry growth. China over time, realized that maintaining high standards of living becomes difficult unless efficiency in the use of resources is increased. Its attempt to maintain equity through forced saving and administered directives resulted in social unrest, which came to a breaking point after the controversial Cultural Revolution. The key objective of present reform in China is to bring incentives back in the economy by increasing the role of the market with minimum changes in their political i nstitutions. This is defined in China as an experiment in a socialistic market economy.

In India, heavy import substitution lead to increased inefficiency in production and generation of surplus for maintaining the tempo of equity measures as a result social development became impossible. This led to heavy borrowing, culminating in a balance of payments crisis. To meet the crisis, this new economic policy in India was initiated.

China's success in attracting foreign direct investment and becoming one of the top exporting countries of the world hinged on the careful implementation of its Special Economic Zone policy. Size, location, flexible labour laws and stable policies were the factors primarily responsible for making Chinese Special Economic Zones attractive to foreign investors. In India, the fiscal concessions being offered to developers and units are the primary driving force.

Chinese government started building Special Economic Zones way back in 1979. The idea behind the Special Economic Zones was to experiment with liberal policies in certain ear-marked regions while insulating the rest of the economy from their influence. The government identified huge tracts of land, near the coastal region, and started building mega cities with all required infrastructure. Stringent labour laws applicable in China were relaxed in these regions and foreign investment was encouraged by offering concessions and promising of stability.

In 1980 four Special Economic Zones namely, Shenzhen, Zhuhai, Shantou and Xiamen were opened up. In 1984, fourteen coastal cities were opened up as a further step. In 1985, three delta areas along the Yangtze River and Pearl River and in the southern part of Fujian province as well as several other places were opened up. In the following years, Hainan Island, Pudong New Area in Shanghai, five big cities along the Yangtze River, eighteen provincial capitals and a part of inland and border cities were opened up. These zones were created initially as experimental stations to adjust and watch their operations vis--vis open market interactions.

Though India had a head-start in the direction by building its first export processing zone in 1969 with certain minimum infrastructure and fiscal sops, it could not muster enough political will to build full-fledged Special Economic Zones with foreign territory status in the matters of international trade till the turn of the century. As opposed to five mega Special Economic Zones built by the Chinese government (the largest being Shenzhen built over 49,500 hectares), India opened its doors to private players and allowed sector-specific Special Economic Zones to develop on just 10 hectares of land. As a result, more than 500 Special Economic Zones have been proposed, 220 of which have already been created. The economies of scale, which seems to have worked so well in China by reducing production costs, may not have the same effect in the Indian Special Economic Zone s.

In China, the government chose the location for Special Economic Zone s with a lot of thought with all five located near the coastal region. This made it easier for the Special Economic Zone units to export their products and import inputs. In India, Special Economic Zones are being built all over the country, wherever land can be acquired by the developers. This has also led to allegations of land-grabbing and conversion of productive agricultural land by developers. As a result, Centre has made it mandatory that all proposals should have a certificate from the state governments notifying that the land being used is non-agricultural for at least 90%.

Flexibility in labour laws, which played an important role in attracting foreign investors, is absent in the Indian Special Economic Zones. This is one of the prices India has to pay for the advantages of a federal democratic government. India has, however, tried to make up for all the disadvantages by offering attractive fiscal sops. Tax holidays for Special Economic Zones in India are longer and steeper than those given by China. This had given rise to some dissent from the finance ministry which had complained that the fiscal loss would be immense. In fact the scheme has generated a difference of opinion between the Finance and Commerce Ministries. While the former is voicing its concerns about possible revenue loss from the tax privileges for the Special Economic Zones, the latter is stoutly defending the policy with statistics suggesting minimal losses and highlighting eventual gains in terms of employment and revenues

Reserve Bank of India has also expressed its concerns about the revenue losses and the uneven pattern of development. Reserve Bank of India insisted on factoring the revenue implications of the taxation benefits. The revenue loss for the Government in providing incentives may be justified only if the Special Economic Zone units ensure forward and backward linkages with the domestic economy. Also, as resources are being diverted from the less developed, growth will not be uniform.

One of the most basic difference between the Special Economic Zone model adopted in China and India is that the Chinese Special Economic Zone initiative is government driven, whereas Indian Special Economic Zones are driven by private sector . In China , the State acquires the land and develops the required infrastructure, while private enterprises are invited to set up units. Under such a system, land continues to be under the ownership of the State. In India, however, private entities are being involved in developing the Special Economic Zone infrastructure. As a result, Land is being acquired by the State and handed over to private developers.

Current Controversy The Economic Survey of 2006-07 highlighted the fact that Special Economic Zone s are testing grounds for the implementation of liberal market economy principles. At the same the survey emphasized on some apprehensions against the Special Economic Zones: Generation of little new activity as there may be relocation of industries to take advantage of tax concessions, Revenue loss, Large-scale land acquisition by the developers, may lead to displacement of farmers with meager compensation, Acquisition of prime agricultural land, having serious implications for food security, Misuse of land by the developers for real estate and Uneven growth aggravating regional inequalities.

The Survey also mentioned that many of these apprehensions, however, could be addressed through appropriate policies and safeguards. A major controversy surrounding the implementation of the Special Economic Zone scheme has been the ruthless manner adopted for acquiring land. News reports highlighted protests across the country against acquisition of lands for the purpose of establishing Special Economic Zones. The "SEZ No More" campaign gained momentum after the bloody chapter in Nandigram.

Since, developing Special Economic Zones involves massive displacement of farmers, it is essential that a systematic approach should be followed for ensuring balance of interests. Consequently, state governments have been advised that in land acquisition for Special Economic Zones, first priority should be for acquisition of waste and barren land and if necessary single crop agricultural land. If perforce a portion of double-cropped agricultural land has to be acquired to meet the minimum area requirements, especially for multi-product Special Economic Zone, the same should not exceed 10 % of the total land required for the Special Economic Zone

The government has also announced the new National Policy on Rehabilitation and Resettlement 2007. This policy would provide land-for-land compensation for acquisition of land for development purposes, including Special Economic Zones, and employment to at least one person from each affected family. A National Rehabilitation Commission would be set up by the Central Government, which would be duly empowered to exercise independent oversight over the rehabilitation and resettlement of the affected families. Further, wage employment would be provided to the willing affected persons in the construction work in the project. The policy also ensures housing benefits including houses to the landless affected families in both rural and urban areas.

Adequate provisions have been made for financial support to the affected families for construction of cattle sheds, shops, working sheds; transportation costs, temporary and transitional accommodation, comprehensive infrastructural facilities and amenities in the resettlement area including education, health care, drinking water, roads, electricity, sanitation, religious activities, cattle grazing, and other community resources.

The benefits expressed in monetary terms have been linked to the Consumer Price Index, and the same shall also be revised suitably at appropriate intervals. Special provision has been made for providing life-time monthly pension to the vulnerable persons, such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above 50 years of age (who are not provided or cannot immediately be provided with alternative livelihood).

A strong grievance redressal mechanism has been prescribed, which includes standing R&R Committees at the district level, R&R Committees at the project level, and an Ombudsman duly empowered in this regard. The R&R Committees shall have representatives from the affected families including women, voluntary organizations, Panchayats, local elected representatives, etc. Provision has also been made for post-implementation social audits of the rehabilitation and resettlement schemes and plans.

For effective monitoring of the progress of implementation of R&R plans, provisions have been made for a National Monitoring Committee, a National Monitoring Cell, mandatory information sharing by the States and Union Territories with the National Monitoring Cell, and Oversight Committees in the Ministries/Departments concerned for each major project.

For ensuring transparency, provision has been made for mandatory dissemination of information on displacement, rehabilitation and resettlement, with names of the affected persons and details of the rehabilitation packages. Such information shall be placed in the public domain on the Internet as well as shared with the concerned Gram Sabhas and Panchayats by the project authorities. This policy aims at striking a balance between the need for land for development purposes and protecting the interests of land owners and other displaced people.

Conclusion A study conducted by Aradhna Aggarwal on the Impact of Special Economic Zones on Employment, Poverty and Human Development indicated, that Employment generation, both direct and indirect, has thus far been the most important channel, through which Special Economic Zones have impacted on human development and poverty reduction in India. However, the role of Special Economic Zone s in human capital formation and as an engine for promoting new knowledge, technologies and innovations through technology transfers and technology creation appears to be relatively limited. With new generation Special Economic Zones emerging, the scope of human capital formation and technology upgrading effects will widen. It is therefore important for the government to play a pro active role in strengthening these effects.

For the contribution of Special Economic Zones to various aspects of human development to be realized, it is important to forge linkages between the domestic economy and Special Economic Zones. Systematic efforts need to be made to help zone units forge links with the outside units. Also, the effects of Special Economic Zones are contingent upon the success of these zones in attracting investment, in particular, Foreign Direct Investment. A comprehensive policy framework is required to attain this. The government has to ensure that strategies are developed in a timely manner to strengthen the opportunities that are likely to emerge, protect interests of the Special Economic Zones workers, and forge linkages between Special Economic Zones and the domestic economy. Such a regulated and monitored approach is the only means of attaining the actual potential of these Special Economic Zones.

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Big Cats of America

Close Generic Tiger Loophole Thanks to all of you who have sent tens of thousands of letters over the past decade to the USFWS they have finally heard your concern for all of the tigers who are bred in the U.S. to be used as pets, props and illegally for their parts. These tigers, which are the ones who are not in accredited AZA zoos, are inbred and cross bred and serve no conservation value. They are only bred because cubs are money makers for those who breed them.

You can help put an end to the breeding of tigers who do not serve any real conservation purpose through their genetics by letting the USFWS know that you support them closing the generic tiger loophole. You can do it in a hard copy letter that you mail or by using their form, if you can wind your way through their website system. Directions are below in bold. You dont have to be eloquent. Just let them know that: You support closing the generic tiger loophole. (This is the main point and really all you need to say.)

Close the Generic Tiger Loophole Federal Register Volume 76, Number 162 (Monday, August 22, 2011) Proposed Rules Pages 52297-52301 From the Federal Register Online via the Government Printing Office [] FR Doc No: 2011-21303 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R9-IA-2011-0027; 96300-1671-0000-R4] RIN 1018-AW81 Endangered and Threatened Wildlife and Plants; U.S. Captive-Bred Inter-Subspecific Crossed or Generic Tigers AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to amend the regulations that implement the Endangered Species Act (Act) by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies from the list of species that are exempt from registration under the Captive-bred Wildlife (CBW) regulations. The exemption currently allows those individuals or breeding operations who want to conduct otherwise prohibited activities, such as take, interstate commerce, and export, under the Act with U.S. captive-bred, live inter-subspecific crossed or generic tigers to do so without becoming registered. We are proposing this change to the regulations to strengthen control over captive breeding of tigers in the United States to ensure that such breeding supports the conservation of the species in the wild consistent with the purposes of the Act. The inte r-subspecific crossed or generic tigers remain listed as endangered under the Act, and a person would need to obtain authorization under the current statutory and regulatory requirements to conduct any otherwise prohibited activities with them. DATES: We will consider comments received or postmarked on or before September 21, 2011. ADDRESSES: You may submit comments by one of the following methods: By snail mail hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R9-IA-2011-0027; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203 They will allow you to make your comment on their website, but it isnt user friendly and you may get frustrated with it, so be sure and write your content and save it someplace first before trying to paste it into their system. To Send Electronically: Go to Endangered and Threatened Wildlife and Plants: U.S. Captive-bred Inter-subspecific Crossed or Generic Tigers (Document ID FWS-R9-IA-2011-0027-0001) and click on Submit a Comment button at the top right.

We will not accept e-mails or faxes. We will post all comments on This generally means that we will post any personal information you provide us (see the Public Comments section at the end of SUPPLEMENTARY INFORMATION for further information about submitting comments). FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, Chief, Branch of Permits, Division of Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 212, Arlington, VA 22203; telephone 703-358-21040; fax 703-358-2281. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: Background To prevent the extinction of wildlife and plants, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and its implementing regulations, prohibit any person subject to the jurisdiction of the United States from conducting certain activities unless authorized by a permit. These activities include import, export, take, and interstate or foreign commerce. The Department of the Interior may permit these activities for endangered species for scientific research or enhancement of the propagation or survival of the species, provided the activities are consistent with the purposes of the Act. In addition, for threatened species, permits may be issued for the above-listed activities, as well as zoological, horticultural, or botanical exhibition; education; and special purposes consistent with the Act. The Secretary of the Interior has delegated the authority to administer endangered and threatened species permit matters to the Director of the Fish and Wildlife Service. The Services Division of Management Authority administers the permit program for the import or export of listed species; the sale or offer for sale in interstate and foreign commerce for nonnative listed species; and the take of nonnative listed wildlife within the United States. Previous Federal Action In 1979, the Service published the Captive-bred Wildlife (CBW) regulations (44 FR 54002, September 17, 1979) to reduce Federal permitting requirements and facilitate captive breeding of endangered and threatened species under certain conditions. These conditions include: (1) A person may become registered with the Service to conduct otherwise prohibited activities when the activities can be shown to enhance the propagation or survival of the species; (2) Interstate commerce is authorized only when both the buyer and seller are registered for the same species; (3) The registration is only for live, mainly non-native endangered or threatened wildlife that was born in captivity in the United States (although the Service may determine that a native species is eligible for the registration; to date, the only native species granted eligibility under the registration is the Laysan duck (Anas laysanensis)); (4) Registration does not authorize activities with non-living wildlife, a provision that is intended to discourage the propagation of endangered or threatened wildlife for consumptive markets; and (5) The registrants are required to maintain written records of authorized activities and report them annually to the Service. The CBW registration has provided zoological institutions and breeding operations the ability to quickly move animals between registered institutions for breeding purposes. In 1993, the Service amended the CBW regulations at 50 CFR 17.21(g) (58 FR 68323, December 27, 1993) to eliminate public education through exhibition of living wildlife as the sole justification for the issuance of a CBW registration. This decision was based on the Services belief that the scope of the CBW system should be revised to relate more closely to its original intent, i.e., the encouragement of responsible breeding that is specifically designed to help conserve the species involved (63 FR 48636). In 1998, the Service amended the CBW regulations (63 FR 48634, September 11, 1998) to delete the requirement to obtain a CBW registration for holders of inter-subspecific crossed or generic tigers (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively)). Any otherwise prohibited activities with these specimens are authorized only when the activities can be shown to enhance the propagation or survival of the species, provided the principal purpose is to facilitate captive breeding. Although no written annual reports are required, holders of these specimens must maintain accurate written records of activities, including births, deaths, and transfers of specimens, and make the records accessible to Service agents for inspection at reasonable hours as provided in 50 CFR 13.46 and 13.47. The exemption for inter-subs pecific crossed or generic tigers was based on the alleged lack of conservation value of these specimens due to their mixed or unknown genetic composition. The intention behind the exemption was for the Service to focus its oversight on populations of purebred animals of the various tiger subspecies to further their conservation in the wild. Despite this exemption, inter-subspecific crossed or generic tigers are still protected under the Act. Species Status The wild tiger was once abundant throughout Asia. By the end of the 19th Century, an estimated 100,000 tigers occurred in the wild (Nowak 1999, p. 828), but by the late 1990s, the estimated population declined to 5,000-7,000 animals (Seidensticker et al. 1999, p. xvii). Todays population is thought to be 3,000-5,000 individuals, according to the IUCN (International Union for Conservation of Nature) Red List estimate (Chundawat et al. 2010, unpaginated), with no more than 2,500 mature breeding adults (Williamson and Henry 2008, pp. 7, 43). The once-abundant tiger now lives in small, fragmented groups, mostly in protected forest, refuges, and national parks (FWS 2010a, p. 1). The species occupies only about 7 percent of its original range, and in the past decade, the species range has decreased by as much as 41 percent (Dinerstein et al. 2007, p. 508). For many years, the international community has expressed concern about the status of tigers in the wild and the risk that captive tigers may sustain the demand for tiger parts, which would ultimately have a detrimental effect on the survival of the species in the wild. In 2005, Werner (p. 24) estimated there were 4,692 tigers held in captivity in the United States. Approximately 264 tigers were held in institutions registered with the Association of Zoos and Aquariums (AZA), 1,179 in wildlife sanctuaries, 2,120 in institutions registered by the U.S. Department of Agriculture (USDA), and 1,120 in private hands. In 2008, Williamson and Henry stated that as many as 5,000 tigers are in captivity in the United States, but cautioned that, given the current State and Federal legal framework that regulates U.S. captive tigers, the exact size of the population is unknown (Williamson and Henry 2008). An estimated 5,000 captive tigers occur on Chinas commercial tiger farms, where tiger s are being bred intensively and produce more than 800 animals each year (Williamson and Henry 2008, p. 40). Tiger body parts, such as organs, bones, and pelts, are in demand not only in China, but also on the global black market. Organs and bones are used in traditional Asian medicines, which are purchased by consumers who believe the parts convey strength, health, and virility. Conservation Status The tiger is a species of global concern, is classified as endangered in the IUCN Red List (IUCN 2010), and is protected by a number of U.S. laws and treaties. It is listed as endangered under the Act. Section 3 of the Act defines an endangered species as any species which is in danger of extinction throughout all or a significant portion of its range. The listing is at the species level and, thus, includes all subspecies of tiger (including those that are of unknown subspecies, referred to as generic tigers) and inter-subspecific crosses. The species is also protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Under this treaty, 175 member countries (Parties) work together to ensure that international trade in protected species is not detrimental to the survival of wild populations. The United States and all the tiger range countries are Parties to CITES. The tiger is listed in Appendix I, which includes species threatened with extinction whose trade is permitted only under exceptional circumstances, and which generally precludes commercial trade. The United States has a long history of working within CITES to promote tiger conservation and has been a leader in supporting strong actions within CITES for tigers, including strict controls on captive-bred animals. In 2007 at the 14th meeting of the Conference of the Parties to CITES (CoP14), we were closely involved in drafting Decision 14.69, which calls on countries with intensive commercial breeding operatio ns of tigers to implement measures to restrict the captive population to a level supportive only to conserving wild tigers, and for tigers not to be bred for trade in their parts and products. Although the decision was primarily directed at large commercial breeding operations such as those found in China, we are aware of the large number of captive tigers in the United States and the need to be vigilant in monitoring these tigers as well. The tiger is afforded additional protection under the Captive Wildlife Safety Act (CWSA) and the Rhinoceros and Tiger Conservation Act (RTCA). The CWSA amended the Lacey Act to address concerns about public safety and the growing number of big cats, including tigers, in private hands in the United States. The law and its regulations make it illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live big cats except by certain exempt entities. Entities exempt from the CWSA include a person, facility, or other entity licensed by the USDA Animal and Plant Health Inspection Service under the Animal Welfare Act to possess big cats (typically zoos, circuses, and researchers) or registered to transport big cats; State colleges, universities, and agencies; State-licensed wildlife rehabilitators and veterinarians; and wildlife sanctuaries that meet certain criteria. The RTCA is another powerful tool in combating the international trade in products containing tiger parts. It prohibits the sale, import, and export of products intended for human use and containing, or labeled or advertised as containing, any substance derived from tiger and provides for substantial criminal and civil penalties for violators. The RTCA also establishes a fund that allows the Service to grant money in support of on-the-ground tiger conservation efforts, such as anti-poaching programs, habitat and ecosystem management, development of nature reserves, wildlife surveys and monitoring, management of human-wildlife conflict, and public awareness campaigns (FWS 2010b. p. 1). Concerns Raised and Recommendations The World Wildlife Fund, TRAFFIC North America, other nongovernmental organizations (NGOs), and the public have expressed concerns about the potential role U.S. captive tigers may play in the trade in tiger parts. In July 2008, TRAFFIC published a report entitled, Paper Tigers? The Role of the U.S. Captive Tiger Population in the Trade in Tiger Parts (Williamson and Henry 2008). The report found no indication that U.S. tigers currently are entering domestic or international trade as live animals or as parts and products. However, given the precarious status of tigers in the wild and the potential that U.S. captive tigers could enter trade and undermine conservation efforts, TRAFFIC made several recommendations to close potential loopholes in current Federal and State regulations to address the potential use of captive U.S. tigers in trade. One of those recommendations was for the Service to rescind the exemption under 50 CFR 17.21(g)(6) for holders of inter-subspecific crosse d or generic tigers to register and submit annual reports under the CBW regulations. Proposed Removal of Inter-Subspecific Crossed or Generic Tigers From 50 CFR 17.21(g)(6) Based on an analysis of current information on factors posing a threat to tigers and their status in the wild, we propose to amend the CBW regulations that implement the Act by removing inter-subspecific crossed or generic tiger (Panthera tigris) (i.e., specimens not identified or identifiable as members of Bengal, Sumatran, Siberian, or Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. corbetti, respectively) from paragraph (g)(6) of 50 CFR 17.21. This action would eliminate the exemption from registering and reporting under the CBW regulations by persons who want to conduct otherwise-prohibited activities under the Act with live inter-subspecific crossed or generic tigers born in the United States. Inter-subspecific crossed or generic tigers remain listed as endangered under the Act, and a person would need to qualify for an exemption or obtain an authorization under the remaining statutory and regulatory requirements to conduct any pr ohibited activities.

Close the Generic Tiger Loophole to Save Me We are proposing this change to the regulations to ensure that we maintain strict control of captive tigers in the United States. We do not believe that breeding inter-subspecific crossed or generic tigers provides a conservation benefit for the long-term survival of the species. Inter-subspecific tiger crosses and animals of unknown subspecies cannot be used for maintaining genetic viability and distinctness of specific tiger subspecies. Generic tigers are of unknown genetic origin and are typically not maintained in a manner to ensure that inbreeding or other inappropriate matings of animals do not occur. By exempting inter-subspecific crossed or generic tigers from the CBW registration process in 1998, we may have inadvertently suggested that the breeding of these tigers qualifies as conservation. By removing the exemption, we can reinforce the value of conservation breeding of individual tiger subspecies and discourage the breeding of tigers of unknown or mixed lineage. Although we are unaware of any evidence that tiger parts are entering into trade from the captive U.S. population of tigers, we recognize that the use of tiger parts and products, including in traditional medicine, poses a significant threat to wild tiger populations. The United States has worked vigorously with other CITES countries to encourage not only the adoption of measures to protect wild tiger populations from poaching and illegal trade, but also the implementation of measures to ensure that breeding of tigers in captivity supports conservation goals and that tigers are not bred for trade in parts and products. Despite a lack of evidence that parts from captive-bred tigers in the United States are entering international trade, we are taking this action out of an abundance of caution given the precarious status of tigers in the wild. The CBW exemption also has created enforcement difficulties. Specifically, law enforcement cases have hinged on whether activities the Service has identified as illegal were actually exempted under the current regulations. By removing the exemption, persons engaged in otherwise-prohibited activities will need to obtain a permit or other authorization, giving the Service greater ability to make enforcement cases involving tigers. It should be noted, however, that removing the exemption for inter-subspecific crossed or generic tigers will not result in control of ownership, intrastate commerce, or noncommercial movement of these tigers across State lines. These activities are not prohibited by the Act, and we have no authority to prohibit them. Finally, we are also proposing to reorganize paragraph (g)(6) to make the section clearer and more user-friendly. The proposed text reorganizes the list of species that are exempted from the registration process by grouping like species together. This reorganization consists primarily of redesignating subparagraphs. With the exception of removing inter-subspecific crossed or generic tigers, the text is the same as currently appears in 50 CFR 17.21(g)(6). Required Determinations Regulatory Planning and ReviewExecutive Order 12866: The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866 (E.O. 12866). OMB bases its determination upon the following four criteria. (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of government. (b) Whether the rule will create inconsistencies with other Federal agencies actions. (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. (d) Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act: Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions) (5 U.S.C. 601 et seq.). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for significant impact and a threshold for a substantial number of small entities. See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statem ent of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. The U.S. Small Business Administration (SBA) defines a small business as one with annual revenue or employment that meets or is below an established size standard. We expect that the majority of the entities involved in taking, exporting, re-importing, and selling in interstate or foreign commerce of inter-subspecific crossed or generic tigers would be considered small as defined by the SBA. This proposed rule would require individuals conducting otherwise prohibited activities with the inter-subspecific crossed or generic tiger to apply for authorization under the Act and pay an application fee of $100-$200. The regulatory change is not major in scope and would create only a modest financial or paperwork burden on the affected members of the general public. We, therefore, certify that this rule would not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory Flexibility Analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. Small Business Regulatory Enforcement Fairness Act: This proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This proposed rule: a. Would not have an annual effect on the economy of $100 million or more. This rule proposes to remove the inter-subspecific crossed or generic tigers from the exemption to register under the CBW regulations. If finalized, individuals and captive-breeding operations would need to obtain endangered species permits or other authorization to engage in certain otherwise prohibited activities. This proposed rule would not have a negative effect on this part of the economy. It will affect all businesses, whether large or small, the same. There is not a disproportionate share of benefits for small or large businesses. b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, Tribal, or local government agencies; or geographic regions. This rule would result in a small increase in the number of applications for permits or other authorizations to conduct otherwise-prohibited activities with inter-subspecific crossed or generic tigers. c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.): a. This proposed rule would not significantly or uniquely affect small governments. A Small Government Agency Plan is not required. b. This proposed rule would not produce a Federal requirement of $100 million or greater in any year and is not a significant regulatory action under the Unfunded Mandates Reform Act. Takings: Under Executive Order 12630, this rule would not have significant takings implications. A takings implication assessment is not required. This proposed rule is not considered to have takings implications because it allows individuals to obtain authorization for otherwise prohibited activities with the inter-subspecific crossed or generic tigers when issuance criteria are met. Federalism: This proposed revision to part 17 does not contain significant Federalism implications. A Federalism Assessment under Executive Order 13132 is not required. Civil Justice Reform: Under Executive Order 12988, the Office of the Solicitor has determined that this proposed rule does not unduly burden the judicial system and meets the requirements of subsections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act: The Office of Management and Budget approved the information collection in part 17 and assigned OMB Control Number 1018-0093, which expires February 28, 2014. This proposed rule does not contain any new information collections or recordkeeping requirements for which OMB approval is required under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act (NEPA): The Service has determined that this proposed action is a regulatory change that is administrative and procedural in nature. As such, the proposed amendment is categorically excluded from further NEPA review as provided by 43 CFR 46.210(i), of the Department of the Interior Implementation of the National Environmental Policy Act of 1969; final rule (73 FR 6129269 (October 15, 2008)). No further documentation will be made. Government-to-Government Relationship with Tribes: Under the Presidents memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments (59 FR 22951) and 512 DM 2, we have evaluated possible effects on Federally recognized Indian Tribes and have determined that there are no effects. Energy Supply, Distribution or Use: Executive Order 13211 pertains to regulations that significantly affect energy supply, distribution, and use. This proposed rule would not significantly affect energy supplies, distribution, and use. Therefore, this action is a not a significant energy action and no Statement of Energy Effects is required. Clarity of this Regulation: We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Public Comments You may submit your comments and materials concerning this rule by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. We will post your entire commentincluding your personal identifying informationon If you provide personal identifying information in your written comments, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on , or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service; Division of Management Authority; 4401 N. Fairfax Drive, Suite 212; Arlington, VA 22203; telephone, (703) 358-2093. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation For the reasons given in the preamble, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: PART 17[AMENDED] 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted. 2. Amend Sec. 17.21 by revising paragraph (g)(6) to read as set forth below: Sec. 17.21 Prohibitions. * * * * * (g) * * * (6) Exemption from registration requirement. (i) If the conditions in paragraph (g)(6)(ii) of this section are met, then any person subject to the jurisdiction of the United States seeking to engage in any of the activities authorized by paragraph (g)(1) of this section may do so without first registering with the Service with respect to the following species: (A) The bar-tailed pheasant (Syrmaticus humiae), Elliots pheasant (S. ellioti), Mikado pheasant (S. mikado), brown eared pheasant (Crossoptilon mantchuricum), white eared pheasant (C. crossoptilon), cheer pheasant (Catreus wallichii), Edwards pheasant (Lophura edwardsi), Swinhoes pheasant (L. swinhoii), Chinese monal (Lophophorus lhuysii), and Palawan peacock pheasant (Polyplectron emphanum); (B) Parakeets of the species Neophema pulchella and N. splendida; (C) The Laysan duck (Anas laysanensis); and (D) The white-winged wood duck (Cairina scutulata). (ii) Conditions for exemption to register. The following conditions must exist for persons dealing with the species listed in paragraph (g)(6)(i) of this section to be eligible for exemption from the requirement to register with the Service: (A) The purpose of the activity is to enhance the propagation or survival of the affected exempted species. (B) Such activity does not involve interstate or foreign commerce, in the course of a commercial activity, with respect to nonliving wildlife. (C) Each specimen to be reimported is uniquely identified by a band, tattoo, or other means that was reported in writing to an official of the Service at a port of export prior to export of the specimen from the United States. (D) No specimens of the taxa in paragraph (g)(6) of this section that were taken from the wild may be imported for breeding purposes absent a definitive showing that the need for new bloodlines can be met only by wild specimens, that suitable foreign-bred, captive individuals are unavailable, and that wild populations can sustain limited taking. In addition, an import permit must be issued under Sec. 17.22. (E) Any permanent exports of such specimens meet the requirements of paragraph (g)(4) of this section. (F) Each person claiming the benefit of the exception in paragraph (g)(1) of this section must maintain accurate written records of activities, including births, deaths, and transfers of specimens, and make those records accessible to Service agents for inspection at reasonable hours as set forth in Sec. Sec. 13.46 and 13.47. * * * * * Dated: August 4, 2011. Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011-21303 Filed 8-19-11; 8:45 am] BILLING CODE 4310-55-Phttp:///fdsys/pkg/FR-2011-08-22/html/2011-21303.htm

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Social Criminological Theories: A Comparison of Theories, and an Exploration into the Causes of Gang Violence

Crime and the City Solution (Photo credit: Wikipedia)

by Elizabeth Hall

When dealing with Social School of Criminological Theories, there are three main categories of theory developed on the subject.  The American society we live in is filled with social strata, caused by the imbalanced distribution of wealth and power in a capitalist system (Siegel, 2010).  These theories are comprised of Social Structure Theories, which asserts that the main cause of crime is belonging to the underprivileged poor class of society, Social Process Theories, which claim that the main cause of crime is because of interactions that people have with associations, institutions of society, and various procedures within that society.  The last theory is the Social Control Theory, which maintains that crime is caused; by people’s ties that bind, those to societal rules become weakened.  After comparing and contrasting the theories, we will then apply them to the growing problem of gang violence plaguing our nation’s cities and streets.  The fact that gang activity develops rapidly in poorer neighborhoods does not surprise many criminologists, simply because it is in these areas of town that the environment promotes disillusionment and despair in youth when faced with the prospects that they are not provided with the same economic advantages that people associated with higher economic status are given (Siegel, 2008).  Joining gangs gives these youth a sense of belonging, and another attainable avenue to pursue economic wealth and status.

Social Structure Theories

The main tenet of social structure theories maintains that crime is committed because they are poor (Siegel, 2008).  These theories consist of the Social Disorganization Theories, the Strain Theories, and the Cultural Deviance Theories.  While all of the theories contained under the heading of social structure theories maintain that crime is committed because they belong to the poverty-stricken poor classes they all differ on some principles.  The socioeconomic structure of American society is the root cause of crime for all of the theories in this section.  Today, more than 37 million Americans live in destitution, populating the lower class neighborhoods.  These neighborhoods are filled, with insufficient housing, poor quality health care, dysfunctional family life, more depression, less employment, less desire to achieve, and more prone to producing people more inclined to immediate gratification.  These values are given from older members of the neighborhood, down to the youngest, which in turn, does the same.  (Siegel, 2010)

Social Disorganization Theories

     This subset of social structure theories deals mainly with situations concerning the settings and atmosphere of lower class neighborhoods such as deteriorating structures, less than adequate social control methods, and values, and gangs and criminals in these areas.  Chicago sociologists Clifford M. Shaw, and Henry D. McKay first made these theories popular when they associated living in disordered, mostly urban, highly populated inner city neighborhoods with unusually high crime rates.  The subgroups include concentric zones, social ecology, and collective efficacy.  (Siegel, 2010)

Shaw and McKay looked into the zoning of Chicago, and noted that the transitional neighborhoods (high crime, densely populated areas with high degrees of turnover in population) were in the concentric (high crime rate) zones.  They noticed that there are five distinctive zones or concentric circles, which have individual ecological differences and higher crime rates.  The five zones are all located in the transitional neighborhoods associated with inner city circles, while the circles with the least crime remain the areas farthest from the city.  The analysis of the data shows a constant precedent of higher crime in these zones, going back as far as the last 65 years.  The conclusion by Shaw and McKay is that these transitional neighborhoods have such diverse cultural differences because of all the foreign settlers in the areas, and diverse moral values as well.  These result in the children growing up in these concentric circles to notice that often the most financially successful people around them are the criminals.  These children end up adopting values, which do not stand up to traditional middle class values.  When shunned by their middle or upper class peers, they dive further into deviant values.  (Siegel, 2010)

The social ecology school of criminology was first developed in the 1980’s by a group of criminologists trying to alter the path of social disorganization theory.  This subgroup continues to recognize that deteriorating structures in the community and economical factors cause crime, but ignore any thoughts that social values and norms having to do with crime causation.  Their main tenets are community deterioration and chronic unemployment and community fear, are the reasons for crime.

Collective efficacy supports social control.  Criminologists under this school of thought believe that there are three forms of collective efficacy.  Informal social control, which asserts that peers, and family members, wields informal control through the rewards or approval, and punishment or disapproval, along with levels of respect and admiration showed in regards to actions taken.  Institutional social control, maintains that involvement in church groups, school functions, and afternoon programs help to control crime.  (Siegel, 2010)

Strain Theory

Strain Theory maintains that it is the clash between resources, and goals, that is the main cause of crime.  This includes the capitalist system itself, because its’ irregular allocation of prosperity and affluence cause the lower class people in our society to commit crime.  These people feel alienated from the “normal” middle class people due to the inability to obtain wealth and power through traditional legal means.  In turn, lower class people begin to feel deprived because they still want to achieve normal status, and frustration sets in.  This frustration causes people to seek alternate methods of obtaining these goals.  (Siegel, 2008)

Robert Merton’s Theory of Anomie states that two components present in society must intermingle to cause anomic conditions.  Socially delineated goals, and means of achieving these goals, that is condoned by society, collide and create anomie (strain) in lower class areas.  He proposes that each person in society has their own ideas about what the societal goals are.  They also have their own ideas on which way to achieve them.  (Siegel, 2008)

According to Siegel (2010), Crime and the American Dream, properly known as Institutional Anomie, founded by Steven Messner and Richard Rosenfeld, applies Merton’s theory to the macro level, and theorizes that disruptive, anti constructive behavior serves a definite purpose in society due to cultural and institutional pressures.  They observe that because our American system, based upon capitalism, leaves all other social norms and configurations present but falling below the importance of the economy, in our society, the American Dream and our capitalistic society inherently cause people to feel the need to achieve these materialistic goals by any means necessary.

General Strain Theory, which is conducted on the micro-level, declares that crime is the consequence of numerous types of strain, which produce negative affective states.  These are emotions such as anger, frustration, and rage, which become part of people’s lives after they have had pessimistic and damaging social relationships.  Robert Agnew popularized this theory, and stresses that negative affective states are caused by many different causes of strain.  Some of these causes are; failure to accomplish goals that are encouraged by society, disconnection of hope and accomplishments, elimination of optimistically treasured stimuli, and the appearance of negative stimuli.  Strain and the more frequently it occurs, the larger effect it has on someone.  When people fall under strain, the likelihood of experiencing negative affective states is larger, and may cause continuing antisocial behavior, and effectively create gang members, and other career criminals.  (Siegel, 2010)

Cultural Deviance Theories

This division of social structure theory pairs the results of social disorganization with strain results to declare that crime is caused by living in depreciating areas, and experiencing strain during this time.  They respond to the societal segregation and monetary deficiency by creating a self-regulating subculture, with their own values and regulations.  This subculture places importance on values such as “excitement, toughness, risk-taking, fearlessness, immediate gratification, and “street smarts”” (Siegel, 2010).  People belonging to deviant subcultures may find that their loyalty lays more in deviant behavior and to the neighborhood gang members than they do are loyal to concerns about making the neighborhood or community better.  (Siegel, 2010)

Thorsten Sellin published Culture, Conflict, and Crime, which works on the premise that the criminal justice systems’ laws reflect the standards of the dominant parts of society, the middle class for example.  The wording that the law contains may present people with these values, which cause people with other sets of values to create their own rules of normal accepted conduct, which rules the day-to-day activities that these people live by.  (Siegel, 2010)

Walter Miller established that focal concerns were the main factors determining what lower class people used to define their value systems, and denote how they should conduct their lifestyles.  These people conform to these focal concerns to the point that they dominate their lives.  Miller maintains that it is the conformance to these focal concerns, which are the root cause of crime.  (Siegel, 2010)

Albert Cohen introduced the theory of delinquent subcultures, in 1955.  The tenet of this theory is that lower class youths use crime as a form of rebellion against the rules and regulations of the middle class.  Cohen theorizes that since they cannot achieve normal middle class success, they instead go through status frustration.  In order to relieve the strain, they join gangs and other criminal groups where their deviant behavior is accepted and rewarded.  (Siegel, 2008)

The theory of differential opportunity popularized by Richard Cloward and Lloyd Ohlin states that social disorganization and strain cause people to form subcultures, which form and maintain gangs and other criminal groups.  They do this because they cannot achieve conventional success, so they join enterprises that reward deviant behavior to attain success.  This behavior is rewarded because it is the exact opposite of what normal society wants or accepts.  (Siegel, 2008)

Social Process Theories

These theories reflect that people having negative relationships with people and institutions they are around daily cause crime.  Family relationships play a critical role in determining criminality.  If the relationships are positive then people can succeed within the boundaries of the law.  It is when these relationships are not positive that the criminal element is formed.  Since they cannot realistically succeed in the conventional way, criminal measures may be the only practical way to achieve success.  This subgroup of theories include, social learning, differential association theory, neutralization theory, and social reaction theory.  (Siegel, 2008)

Social Learning Theory

Social learning theory emphasizes that people learn their behaviors by watching others either receiving rewards for bad behavior, or receiving punishment because of bad behavior.  The theory bases its assumptions on the principal that if we as people do not learn from each other, by example, we would never learn or accomplish anything.  The theory asserts that behavior is a thing that we learn through our experiences and the system of rewards or punishments that come with our particular lifestyles.  A person imitates media figures, family members, and mentors because they idolize them and want to be like them.  We ultimately are a product of our environment and lifestyles, because it is through these interactions with others, that we form our own individuality.  (Siegel, 2010)

Differential Association Theory

Edwin Sutherland’s differential association theory asserts that anyone can commit criminal acts regardless of class or social standing.  He theorized that all criminal behavior is learned behavior, picked up from interaction with other people, or by mass media.  However, this learning takes place in personal small groups as people socialize.  Learning this behavior involves conforming to the techniques and ideals of the teacher.  When people go through culture conflict, after introduction, to both the right and wrong ways of the law, the decision to commit criminal acts is chosen, when the reward for committing the act outweighs the punishment.  (Siegel, 2010)

Neutralization Theory

Neutralization theory maintains that criminals go through the process of mastery in their criminal endeavors that allow them to counteract normal values and drift from normal to criminal values and back.  Criminologists within this school of thought view people as neither all good nor all bad.  The reasoning behind this theory is that America is divided by what is called subterranean values.  These are influences, which have been tweaked by values that are present in society that are part of the culture, yet still illegal, such as smoking marijuana.  This theory argues that criminals spend a good portion of their time engaging in legal activities and lifestyles.  When the need arises to “drift” into criminal behavior, these perpetrators do so, then “drift” back into conventional behavior.  These criminals use techniques such as denying responsibility, denying that they caused any harm to anyone, or rationalizing crimes committed by the idea that the victim asked for the victimization by some action that they have done.  They also rationalize their crimes by appealing to their loyalty to their peer groups, or condemning anyone responsible for condemning them.  This could be judges, police, teachers, or even parents.  The criminals just convince themselves that everyone else is wrong as well.  (Siegel, 2010)

Social Reaction Theory   

Social reaction (Labeling) theory operates under the premise that negative social interaction, destructive relationships, and social encounters are the reason for crime causation.  The theory maintains that people who engage in negative behavior are labeled by society by the negative behavior, and that this tag may remain with you for life because of the way this labeling affects people’s self-image.  Criminologists, who follow this school, believe that crime is characterized by the public’s reaction and the consequence of their reactions to the behavior.  This theory does not reflect on the morality of the actual behavior.  This theory also bases its ideas on the premise that the powerful and wealthy benefit from it, while the lower class is punished by it.  This theory also asserts that once you have been labeled, delinquency increases, and the labeling process diminishes one’s self-image.  (Siegel, 2010)

Social Control Theory

Social control theorists believe that any person has the propensity to commit crime.  The theory goes on further to state that crime is attractive and lucrative.  Criminologists ask the question when using this theory why not commit crime.  The answer that they have come up with is that some people obey the rules because of a sense of morality, while others conform to the socialization of society, and obey the rules out of a sense of commitment to that conformity.  Earlier versions of social control theory claim that people with weak egos, low self-esteem, and no self-control commit crimes.  (Siegel, 2008)

Social Bond Theory

     Travis Hirschi founded the social bond theory of crime causation.  This theory claims that it is our social bonds with others, which keep people from committing crimes.  Hirschi believed that all people could commit crime, but the motivation for not committing crime comes from the fear that teachers, parents, friends, peers, and mentors would not approve of their behavior.  He maintained that there are four main elements of social bonds: attachment, commitment, heavy involvement in social activities, and sharing moral beliefs with people who are in the same social standing as you.  (Siegel, 2008)

       While all of the social theories deal with crime causation, the differences are clear. With the social structure theories, it is the socioeconomic structure, which is responsible for causing crime.  The social process theories blame crime causation on the negative relationships with people have with peers, relatives, mentors and local institutions such as schools, or afterschool programs.  The last theories, the social control theories, claim that anyone has the capability to commit crime.  People refrain from committing crime in fear of upsetting the ties to normal society.  Criminals commit crime due to a lack of these ties.

An Exploration into Gang Violence through Social Theory

The American Society has a growing problem with gang activities and violence happening in our country.  Criminologists and sociologists have studied this problem through theory, and feel like the causation of gang involvement can be explained by five factors relating to the theories.  These factors are availability of firearms, having a low commitment to school, family history of problem behavior, having relationships with peers and parents that approve of negative behavior, and associating with people who display problematic behavior.  ( Battin-Pearson, S.R., Hawkins, J.D., Hill, K.G., & Howell, J.C., 1999)

The availability of firearms relates to differential opportunity theory.  According to this theory, all people have the same goals, but lower class people do not have the means to achieve these goals.  The frustration this causes makes them more susceptible to joining gangs, because of the desire to succeed somewhere.  In addition, this type of desire to succeed causes people to seek out deviant behavior because it makes them rebel against conventional norms.

Social reaction theory accounts for a low degree of commitment to school.  This theory claims that labeling people affects their self-esteem.  It focuses on the negative and destructive behaviors that lie on the fringe of acceptance.  It claims that once a person is labeled, they will always be associated with the negative behavior that they were labeled.  This produces apathy and depression, which produces low degrees of commitment to school and other institutions.  People then find other means than education to achieve their goals.

Social learning theory promotes that people learn negative behaviors from each other.  This is why a family history of problem behavior fits this theory.  Children, who grow up in violent, abusive homes, learn to abuse people and that resorting to violence solves problems.  Gangs only use violence to solve problems.

The theory that explains the cause of people joining gangs because they grew up in homes and environments with family and friends who approve of antisocial behavior is collective efficacy.  This theory assumes that family members and friends exert informal control with their approval or disapproval of actions.  Many younger gang members come from families of current and former gang members.  These parents do not see anything wrong with their children’s behavior because they did it themselves, and encourage the association with the gang.

The theory of deviant subculture explains why people join gangs.  They are nothing but groups of people intent on engaging in problematic behavior.  Association with these peers and condoning their behavior eventually leads to joining the gang and doing all of the violent activities right alongside of them

Conclusion

Because of the stratified society that Americans live in, our culture is in a constant state of struggle between the middle class and lower class people.  Street gangs are formed, and commit violence, because of these social strata and the effect it has on the community.  The social need to succeed in our society by obtaining power and wealth, overshadowed by the fact that only the wealthy and powerful create the rules of our capitalist society, causes strife within the ranks of people who cannot achieve normal successes.  These people then turn to gangs, and criminality to relieve the frustration that this causes, and to achieve success in their own subcultures.

  

References:

Battin-Pearson, S.R., Hawkins, J.D., Hill, K.G., & Howell, J.C., (1999).  Childhood Risk Factors for Adolescent Gang Membership: Results from the Seattle Social Development Project.  Journal of Research in Crime and Delinquency, Vol. 36 No. 3, August 1999.  Sage Publications, Inc.

Siegel, L. J. (2008).  Criminology: The Core.  Third Edition.  Belmont, Ca. Cengage Learning

Siegel, L.J. (2010).  Criminology: Theories, Patterns, and Typologies.  Tenth Edition.  Belmont:    

             Wadsworth Cengage Learning.

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