The Admissibility of Improperly Obtained Evidence: The Turkish Approach in Comparative Perspective

1996 ◽  
Vol 14 ◽  
pp. 75-96
Author(s):  
A. Vahit Bıçak

In order to secure the necessary evidence for bringing offenders to justice, law enforcement officers are given powers to invade the freedom of individuals in the process of criminal investigations. These powers are not, however, unlimited; in modern democratic states the relationship between the public authorities and individuals is governed not by the arbitrary exercise of power but by power exercised within the constraints of law. Having said that, law enforcement officers do not always exercise their powers within the permitted limits. Where law enforcement officers exceed their powers, evidence may be obtained to incriminate the suspect in trial. The question of whether such evidence can be taken as a basis for judgement in Turkish law is the main concern of this article.

2020 ◽  
Vol 6 (5) ◽  
pp. 106-112
Author(s):  
Tatiana Kolomoiets ◽  
Oleksii Makarenkov ◽  
Georgiy Samoylenko

Relevance. In terms of revising the provisions of legal regulation of relations in the field of transport with the borrowing of competitive principles of the European institutes to ensure the integration of transport into European and world transport area, with revision of models of relations between relevant public administration entities and private entities, ensuring balance of their interests , including in the context of national and supranational threats and focus on expanding the implementation of rights, freedoms and legitimate interests of the latter in the field of transport, strengthening of the principles of decentralization of power in the system of public authorities occurs, resulting in a significant increase in the number and diversity of regulatory and legal acts aimed at settling the above relations. Unfortunately, at the same time the processes of "growth" and a variety of forms of corruption in the activities of public servants, whose professional sphere is directly related to transport relations with the involvement of municipal transport, are also active. Analysis of law enforcement activities of anti-corruption entities in all its manifestations shows a fairly steady trend towards an increase in the number of detected acts of corruption committed by public servants directly related to the exercise of their authority over the procedure for admission to municipal passenger transportation. The specifics of the legislative regulation of the latter presupposes the presence of many "defects", which create the basis for variable manifestations, including illegal, of the activities of public servants with a subjective arbitrary interpretation of the latest provisions of the law. "Low-quality" regulation of the provisions of the activity of public servants to exercise power over the admission to municipal passenger transportation has a negative impact not only on the implementation of passenger rights (of various categories), but also provision of the public interest, and contributes to the formation of a national threat with a "corrosive" sign of power within administrative and territorial units, especially the country in general. An integrated approach to clarifying the problems of "municipal passenger transportation" with an emphasis on eliminating corruption risks in the activities of public servants at the stage of exercising their power to admit to transportation, which will contribute to the "quality" of such entities and will form an effective regulatory framework for the relevant component of transport in general, its effective existence, the realization of the public interest and its correlation with the interests of individuals. The purpose of the paper is the justification of the relationship of the "quality" of standardization of the procedure for admission of entities to municipal passenger transportation and corruption risks in the professional activities of public servants, which is related to this area, formulating proposals for their multi-balance ratio to minimize these risks and "qualitative" standardization of the relevant component of passenger transportation and transport relations in general based on the analysis of various sources. The objects of the article are public relations directly related to municipal passenger transportation. The subject of the article is the "quality" of standardization of relations in admission to municipal passenger transportation and its connection with corruption risks in activity of public servants connected with the specified sphere of relations. Methods of research. Both general legal and special methods of scientific cognition were used in research. As the basis, the dialectic method was used, which allowed to reveal problematic issues in dynamics; juridical and logical method allowed to form options for borrowing positive and avoiding negative experience of relevant rulemaking and law enforcement in foreign countries; forecasting and modeling were used for making proposals to strengthen "quality" of standardization of the procedure of admission to municipal passenger transportation in order to eliminate corruption risks in the activities of public servants. Results. Admission to municipal passenger transportation should be considered as a form of public procedure, the subjects of which are servants of local public authorities. Given the specifics of municipal transport in general, any activity associated with its use, objectively anticipates the risks of possible, including illegal, priority satisfaction of private interests of public servants and the interests of relatives during the exercise of the public authority, which causes "corrosion" of public authority. The procedure of admission to the relevant transportation, the "corruption freedom" of which depends on the "quality" of normalization of its provisions, is not an exception. The relationship between the "quality" of legislation and the "corruption risk" of professional activity of public servants, which is associated with the procedure of admission to the services mentioned, is interdependent (the lower the quality of legislation, the higher the risks of "corrosion" of professional activity of public servants and vice versa). In order to improve the "quality" of standardization of the procedure for admission to the transportation and minimize corruption risks in the professional activities of public servants associated with the above procedure, it is appropriate to strengthen the provisions of certainty of the content of relevant legislation, their systematization (including in the form of codification), streamlining the thematic definition series, meaningful consolidation of the principles of transparency, publicity, participation, public-private partnership, guarantee of all elements and admission procedures in general.


2020 ◽  
Vol 11 ◽  
pp. 34-40
Author(s):  
Arseniy A. Scherbinin ◽  

The article is devoted to the analysis of the key problems that public authorities face in their law enforcement practice when the question arises of the relationship between freedom of religion and freedom of entrepreneurial activity, as well as the search for an optimal solution in order to establish a fair balance between them.


Author(s):  
Pavel S. Rakhmanov

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.


Author(s):  
Evan M. Axelrod

The purpose of this chapter is to introduce and explore counseling and psychological services for law enforcement officers that extend beyond critical incident interventions. In particular, this chapter focuses on Employee Assistance Programs (EAPs), including discussion of how such programs have become an essential tool in supporting and sustaining law enforcement officers, their families, the agencies they work for, and the communities they serve. This chapter discusses what an EAP is, the benefits of EAPs, and the return on investment that public safety agencies can expect when utilizing an EAP. Relevant topics such as confidentiality, internal vs. external EAPs, and the need for specialized EAPs for public safety agencies are addressed. Finally, the chapter also explores non-traditional services that can be offered through EAPs to assist public safety agencies in supporting and sustaining their personnel in meeting their mission of serving the public.


2012 ◽  
Vol 2012 ◽  
pp. 1-9
Author(s):  
Armando Montanari ◽  
Barbara Staniscia

This paper analyses the relationship between deconcentration processes, planning policies, and governance in the metropolitan area of Rome, Italy, from 1991 to 2001. It points out that Rome does not have an explicit policy either in favor of or against deconcentration and that the public authorities are not in fact aware of the problem. Deconcentration is mainly driven by market forces and business location decisions. These decisions are strongly influenced by material factors such as accessibility, land availability, and real estate prices, as well as immaterial factors such as the natural, cultural, and social environment. Public players can take action to influence these factors. Even though Italy has a very strictly regulated planning system, there has traditionally been a high degree of freedom in actual behaviors.


2016 ◽  
Vol 28 (1) ◽  
pp. 61-86
Author(s):  
Stanley Shernock

Most academic attention regarding military influence on policing has focused on critiques of the military model of policing and police militarization and has neglected to examine the relationship between the two institutions and the transferability of attributes and skills from the military to police. Military service itself, when examined, has been treated as an undifferentiated concept that has not distinguished the effects of organizational structure, leadership, and myriad roles and experiences on policing. This study, using data from a survey of law enforcement officers throughout a New England state, compares and analyzes how law enforcement officers and supervisors with and without military background and with and without deployment experience differ in their perspectives regarding both the positive as well as negative aspects of combat deployment on policing. As such, it has significant implications for both the reintegration and recruitment of combat-deployed veterans into police organizations.


2021 ◽  
Vol 5 (Supplement_2) ◽  
pp. 1248-1248
Author(s):  
Tina Sergi ◽  
Katherine Bode ◽  
Deana Hildebrand ◽  
Jay Dawes ◽  
Jill Joyce

Abstract Objectives The prevalence of overweight and obesity among tactical populations is estimated at 70–75%, which may negatively impact health and performance. Since the relationship between BMI and health and performance is not well studied in tactical populations, the purpose of this study was to systematically review available literature on the relationship between BMI and health and performance among law enforcement officers (LEO), firefighters, and military personnel. Methods Literature searches were conducted in PubMed and SCOPUS using combinations of search terms: body mass index, health*, cardiovascular disease, heart disease, heart attack, myocardial infarction, heart failure, stroke, hypertension, cancer, diabetes, performance, physical fitness test*, physical training, fitness test*, injur*, law enforcement, police, trooper, firefighter, military, soldier, airmen, and sailor. Included studies used BMI as an adiposity assessment; involved cardiovascular disease (CVD), cancer, diabetes (T2DM), performance testing, and injuries among US LEOs, firefighters, or military personnel; and involved peer-reviewed primary research between 2000–2020. Review studies; studies on other tactical populations, retirees, and trainees; and studies using BMI as a covariate were excluded. Included articles were critically appraised using the Academy of Nutrition and Dietetics Quality Criteria Checklist. Results Twenty-seven articles were included. Overall quality was neutral. Nine studies found BMI was positively associated with CVD risk factors. Studies involving BMI and cancer were lacking. One study found BMI was positively associated with T2DM risk. Five studies on occupational/physical performance and twelve studies on injury found a higher BMI was often indicative of decreased performance and increased risk of injury in general, but protective against stress fractures. Conclusions Higher BMI was often associated with negative health and performance outcomes among tactical populations, especially when beyond the overweight classification. Public health practitioners should focus efforts on improving nutrition and physical activity to promote a healthy BMI among these individuals. Funding Sources None.


2018 ◽  
Vol 69 (1) ◽  
pp. 193-210
Author(s):  
Rafał Lis

The following article considers the problems connected with the relationship between the principles of the direct democracy and the gouvernement d’assemblée. The values contemporarily ascribed to these principles are often counted among different, sometimes even opposing, traditions of republican constitutionalism. However, the proposed analysis of Rousseau’s thought suggests that the general intellectual tendencies that are attributedto both systems might originally have had a lot in common. Furthermore, they embody the two different republican ways of implementing the very ideas of popular sovereignty and the accountability of the public authorities to the citizens. The undertaken juxtaposition of the contents of the Social Contract and of the Considerations on the Government of Poland may even point to an evolution of Rousseau’s stance. It can be discerned especiallyin the approval in the second work, which pertained to one of the largest European states of that time, as it conveys the need to shift the responsibility for law-making to the assembly of deputies (the Sejm). The proposition of transferring this responsibility to a quasi-representative body corresponds perfectly with the warnings against the abuses of an unchecked executive, which are equally stringent in the Social Contract. This actuallydenoted that Rousseau was ready to accept some sort of gouvernement d’assemblée in large states. In the end however, it did not mark a departure from the ideals of the direct government, especially after taking into consideration Rousseau’s extraordinary appreciation of the institutions of deputy directives and – treated already as an emergency measure – confederation.


Sign in / Sign up

Export Citation Format

Share Document