court system by potential plaintiffs, clarity in the law, whether the law has been enforced
previously, and whether the delegated agency has the capacity to implement the law.
5. Does the remedy lead to deterrence or the change in behavior intended?
To measure deterrence properly, analysis will require longitudinal study (i.e.
measurement over time). While there is virtually no literature on how deterrence can be
measured in the elections context, research is ongoing in the criminal justice sector on
evidence-based assessment tools to support sentencing decisions. As noted by the
Supreme Court of Indiana in Malenchik v. State of Indiana, “[h]aving been determined to
be statistically valid, reliable, and effective in forecasting recidivism . . . [assessment tools]
may, and if possible should, be considered to supplement and enhance a judge's
evaluation, weighing, and application of the other sentencing evidence in the formulation
of an individualized sentencing program appropriate for each defendant.”102
Law enforcement personnel have long recognized that arrest and prosecution of
individuals, even on a massive scale, is often ineffective in ending political corruption,
organized crime, or the operation of illicit businesses. Primarily needed are specific
changes and reforms, visible managerial action, the enforcement of current laws, and,
when necessary, severe and publicized punishments for convicted white-collar
criminals.103
6. Does the remedy lead to the perception that the process was fair, the process was
credible, and that the ultimate decision ensured that the election reflected the will of the
voters?
Given that this research question relies on perceptions, this analysis will be best achieved
by appropriately targeted public opinion survey mechanisms. Various media monitoring
tools and sentiment analysis may also provide additional insights to supplement survey
results.
102
Malenchik v. State, 928 N.E.2d 564 (Ind. 2010), http://www.courts.ca.gov/documents/malenchik-decision.pdf.
103 LORRAINE GREEN MAZEROLLE & JAN ROEHL, CIVIL REMEDIES AND CRIME PREVENTION: AN INTRODUCTION (2009),
http://www.popcenter.org/library/crimeprevention/volume_09/0b_editor_introduction.pdf.