14.0LawandAdministrationforthTwenty-FirstCentury.pptxLaw and Administration for th Twenty-First Century
1
“We need to understand how the dynamics of innovation, technological advances, urbanization, financial markets, social networks, and population dynamics are interconnected and how their evolving interrelationships fuel growth and societal change—and, as manifestations of human endeavors, how they are all integrated into a holistic interacting systemic framework . . . and whether such a dynamically evolving system is ultimately sustainable.”
― Geoffrey West, Scale: The Universal Laws of Growth, Innovation, Sustainability, and the Pace of Lifein Organisms, Cities, Economies, and Companies
2
Ethics Change with Technology
“Change is the law of life. And those who look only to the past or the present are certain to miss the future. ― John F. Kennedy
Technology
The ways of being human are bounded but infinite.
No technique works if it isn't used.
Not responsible for advice not taken.
There exist minds that think as well as you do, but differently.
3
Questions
Is law an obstacle to change and how will the courts remove or redefine our rights in relation to the use of technology?
Will deregulation and privatization put an end to judicial interference?
If law is the problem, how can the public manager resolve the barrier to growth?
How can we design the right policy for the unborn?
How important is it for folks to be entering into the field of public administration to be literate in the law?
At least to the degree where they can be an effective and responsible public sector professional.
4
Rediscovering Administrative Law
Although there has been a great deal of change in the field of law in recent years, the substance and process of administrative law is based on
the experience, training, and personal development of the decision-maker involved.
Although there appears to be a number of attacks on public administrators, the number one defense against abusers of the system is
to maintain an open and viable relationship between the public servant and the people they serve.
Please Note: The courts presume that public administrators know the law relevant to their field and will hold them liable and accountable for violations of it.
5
Administrative Law as the Law of Connections
One way to view administrative law is to
conceptualize it as the law of connections.
Much like a blanket, the modern fabric of government focus on the way in which the law facilitates the many relationships that place boundaries around the participants
to conform to the Constitution, individual rights and liberties, and the rule of law.
An important connection that must be able to address effectively is between government and the market,
since public institutions will continue to act as regulator and as market participant.
A critical connection between public administration and public law is what is called common law.
In law, common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
The defining characteristic of “common law” is that it arises as precedent.
6
The Law and Predictive Policing
Predictive policing refers to the usage of mathematical, predictive analytics,
and other analytical techniques in law enforcement to identify potential criminal activity.
Predictive policing methods fall into four general categories:
methods for predicting crimes,
methods for predicting offenders,
methods for predicting perpetrators' identities,
methods for predicting victims of crime.
The technology has been described in the media as a revolutionary innovation capable of "stopping crime before it starts". However, a RAND Corporation report on implementing predictive policing technology describes its role in more modest terms:
Predictive policing methods are not a crystal ball: they cannot foretell the future. They can only identify people and locations at increased risk of crime ...
the most effective predictive policing approaches are elements of larger proactive strategies that build strong relationships between police departments and their communities to solve crime problems.
In the United States, the practice of predictive policing has been implemented by police departments in several states such as California, Washington, South Carolina, Alabama, Arizona, Tennessee, and Illinois.
7
Extrajudicial Justice vs Due Process
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Typically, "Due process" means
1) NOTICE, generally written, but some courts have determined, in rare circumstances, that other types of notice suffice. Notice should provide sufficient detail to fully inform the individual of the decision or activity that will have an effect on his/her rights or property or person.
2) The right to GRIEVE (that being the right to complain or to disagree with the governmental actor/entity which has decision making authority).
3) The right to APPEAL if not satisfied with the outcome of the grievance procedure. Due process balances the power of law of the land and protects the individual person from it.
An extrajudicial justice by its very nature is unlawful because it bypasses the due process of the legal jurisdiction in which the act occurred.
Lynching is a form of extrajudicial justice carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people.
8
8
Terrorism is a Form of Extrajudicial Justice
Terrorism is a combination of an extrajudicial justice that’s unlawful because it bypasses the due process of the legal jurisdiction in which the act occurred and extrajudicial procedure that’s a crime against humanity because it deliberately targets or disregards the physical and mental well being and safety of innocent non-combatants.
It’s a type of natural justice that has been adopted by some folks because they feel that there is a natural bias against their personal values and ideological goals.
By its very nature those individuals or groups that work outside of the law are operating within a non-judicial environment filled with dark and hidden agendas.
Extrajudicial justice occurs when an improvised explosive device or booby trap is utilized by disingenuous folk to kill people
whether they are a perceived enemy or an innocent non-combatant.
As a result the extrajudicial procedure occurs when the act used to kill or harm the target was deployed with the intent to terrorize or strike fear in the survivors long after the physical deed is done.
9
Precrime & the Future
Pre-crime (or precrime) is a term increasingly used in academic literature to describe and criticize the tendency in criminal justice systems to focus on crimes not yet committed.
Pre-crime has been defined as "substantive coercive state interventions targeted at non-imminent crimes".
Pre-crime intervenes to punish, disrupt, incapacitate or restrict those deemed to embody future crime threats.
The term pre-crime embodies a temporal paradox, suggesting both
that a crime has not occurred and that the crime that has not occurred is a foregone conclusion.
Note: Technology (i.e. brain scanning) is moving ahead so rapidly, it's not going to be that long before we will be able to tell whether someone's making up a story, or whether someone intended to do a crime with a certain degree of certainty.
10
Please Note
Thought identification refers to the empirically verified use of technology to, in some sense, read people's minds.
Advances in research have made this possible by using human neuroimaging to decode a person's conscious experience based on non-invasive measurements of an individual's brain activity.
With brain scanning technology becoming increasingly accurate, experts predict important debates over how and when it should be (or not) used.
However, by simply refusing to use brain scans on suspects also prevents the wrongly accused from proving their innocence.
It has been argued that allowing brain scans in the United States would violate the 5th Amendment's right to not self incriminate.
One of thousands of important questions is whether brain imaging is like testimony, or instead like DNA, blood, or semen.
It’s been predicted that this question will be decided by a Supreme Court case.
11
