scholarly journals The Militarization of Law Enforcement: Evidence from Latin America

2019 ◽  
pp. 1-20 ◽  
Author(s):  
Gustavo A. Flores-Macías ◽  
Jessica Zarkin

What are the political consequences of militarizing law enforcement? Across the world, law enforcement has become increasingly militarized over the last three decades, with civilian police operating more like armed forces and soldiers replacing civilian police in law enforcement tasks. Scholarly, policy, and journalistic attention has mostly focused on the first type, but has neglected the study of three main areas toward which we seek to contribute: 1) the constabularization of the military—i.e., when the armed forces take on the responsibilities of civilian law enforcement agencies, 2) the extent to which this process has taken place outside of the United States, and 3) its political consequences. Toward this end, we unpack the concept of militarized law enforcement, develop theoretical expectations about its political consequences, take stock of militarization in Latin America, and evaluate whether expectations have played out in the region. We show that the distinction between civilian and military law enforcement typical of democratic regimes has been severely blurred in the region. Further, we argue that the constabularization of the military has had important consequences for the quality of democracy in the region by undermining citizen security, human rights, police reform, and the legal order.

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.


2019 ◽  
pp. 209-222
Author(s):  
Marek Centkowski

The subject of this work is to clarify the issues of criminal jurisdiction set forth in articles 13-15 of the Agreement between the Government of the Republic of Poland and the Government of the United States of America regarding the status of the armed forces of the United States of America on the territory of the Republic of Poland of December 11, 2009 in Warsaw. The author simultaneously conducts analysis of the provisions in article VII NATO SOFA, a supplemental agreement between the Governments of Poland and the United States. In addition, memorandum of Understanding between the Minister of Justice of the Republic of Poland and the Command of the Armed Forces of the United States of America in Europe regarding foreign criminal jurisdiction, signed on October 23, 2014 in Warsaw is discussed. The memorandum specifies the provisions of the above-mentioned two international agreements, describing, among other things, how to proceed with American soldiers and members of their civilian staff as perpetrators of prohibited acts. Furthermore, this document contains templates for letters addressed to US military authorities, and Polish judicial authorities with respect to the priority of jurisdiction, as well as arrangements related to the performance of official duties by the perpetrator at the time of committing a prohibited act. The authorities that supervise or conduct preparatory proceedings against members of the United States forces and their civilian personnel are military prosecutors of the regional or the district prosecutor’s offices. The Police, on the other hand and Military Police are law enforcement agencies carrying out procedural activities at the scene and carryingout activities commissioned by the military prosecutor.


2017 ◽  
Vol 44 (1) ◽  
pp. 139-155 ◽  
Author(s):  
Evan Seamone ◽  
Shoba Sreenivasan ◽  
James McGuire ◽  
Dan Smee ◽  
Sean Clark ◽  
...  

The United States and Canada, among others, have recognized that “misconduct stress behaviors” can be a “hidden” by-product of war-zone deployments. The American military’s paradigm of punishment over treatment creates a “military misconduct Catch-22,” in which the service member’s treatment need is identified as a result of, or only after, violations of military law. Civilian society then bears the justice, familial, and social costs of the military’s failure to address combat stress–based misconduct. As an alternative to existing punitive military pathways, we propose a rehabilitative justice pathway that builds on the successes of civilian criminal justice mental health courts—to be implemented during active duty service, before separation from the Armed Forces. The approach, predicated on the circumstances of each case, promotes resilience, honorable discharge, and successful reintegration of service members into society.


Author(s):  
Peter Kobetc ◽  
Igor' Il'in

The relevance of this work is due to the fact that at present the problem of suicide among persons engaged in their professional activities in an extreme environment, which include the military and law enforcement officials, is of great concern to the public and the leadership, the Armed forces and law enforcement agencies in different countries. Most of the previous studies have shown that suicide among the considered category of persons adversely affects the combat readiness of the unit and may even lead to a negative attitude in General to the service in the army or law enforcement. In this regard, the authors attempted to analyze the positive experience associated with the prevention of suicidal behavior in the US Armed forces. In the course of the research General scientific and special methods were applied, which allowed to draw reasoned conclusions. Studying the positive experience of suicide prevention in American servicemen, the authors came to the conclusion that the military and political leadership of the us Armed forces not only realized the importance of countering suicidal behavior, but also takes the necessary measures to minimize the phenomenon under consideration. The authors also note that currently in the Armed forces and law enforcement agencies should focus on the need for commanders and direct managers of mental health of soldiers and personnel, including to mitigate the effects of combat stress. The practical significance of the study is expressed in the possibility of using in our country the positive foreign experience in the prevention of mental disorders and suicidal behavior among specialists of dangerous professions. Due to the urgent need to reduce the psychotraumatic impact of negative factors on the group under consideration.


2020 ◽  
pp. 707-714
Author(s):  
V. Savechko ◽  
A. Kozlov

The article deals with the main results of the interim report for 2019 of the research work “Development of a methodology for establishing the conformity of actions (inactions) of officials with the requirements of regulatory documents on the organization of storage of missiles and ammunition and other means of destruction at arsenals, bases and warehouses” on the implementation of the activity of the troops (forces) of the Alliance’s military standards, the definition of the subject, object, main tasks and indicative list of issues of military expertise on the study of storage organization of missiles and ammunition. Application of the methodology relates to the research of the following issues: – the formation of arsenals, bases and warehouses; planning and organizing of daily life tasks and official activities; security and defense organization; countering sabotage and terrorist attacks; fire safety; storage of missiles and ammunition; fail safe; – determining the causal link between the actions (inactions) of the officials of the Armed Forces of Ukraine, other forces formed in accordance with the laws of the military forces, law enforcement agencies of the security and defense sector to the current legislation (functional duties, instructions).


2016 ◽  
Vol 9 (3) ◽  
pp. 598-604
Author(s):  
Alison V. Hall

This commentary elaborates on the position taken in the focal article, “Baltimore Is Burning” (Ruggs et al., 2016), that partnerships between industrial–organizational (I-O) psychologists and law enforcement agencies could offer valuable insight and practical tools that help to alleviate long-standing and ongoing conflict between police officers and communities of color. I fully support this stance as well as many of the recommendations proposed within the focal article. I-O psychologists indeed have knowledge and resources that could prove useful for supporting police reform efforts. However, although I-O psychologists have much to contribute to the conversation, a recent review by Hall, Hall, and Perry (2016) draws attention to several ways in which law enforcement as a context and police officers as a population are distinct from many of the workplace environments and civilian employee populations that have informed current I-O knowledge and best practices. As such, our traditional methods may be wrought with unique challenges when implemented in law enforcement contexts. If we fail to give serious consideration to this, the role of I-O psychologists in preventing future fires in Baltimore and throughout the United States may be accompanied by unintended consequences. As I-O psychologists prepare to help law enforcement extinguish the flames between police and communities of color, we must anticipate and prepare to safely combat these dangers so we do not add fuel to the fire or get burned in the process of rendering aid.


2011 ◽  
Vol 53 (3) ◽  
pp. 25-55 ◽  
Author(s):  
Kristina Mani

AbstractDespite the recent shift to democratic regimes and market-based economies, in many Latin American countries the military retains important economic roles as owner, manager, and stakeholder in economic enterprises. Such military entrepreneurship poses a challenge to the development of democratic civil-military relations and, by extension, to the development of liberal democracy in the region. While scholars have noted this situation with concern, they have given little attention to distinguishing the different types of military entrepreneurship, which reflect distinct historical patterns and implications. This article identifies two major types of military entrepreneurs in Latin America: industrializers, determined to build national defense capabilities and compete for international prestige; and nation builders, seeking to promote economic development that can foster social development and cohesion. Case studies of Argentina, Brazil, Cuba, and Ecuador demonstrate important differences between these two types in their origins, paths, and political consequences.


1944 ◽  
Vol 38 (3) ◽  
pp. 521-530
Author(s):  
Dana G. Munro

Any discussion of postwar problems in our relations with Latin America must begin with a consideration of the great changes which have taken place in hemisphere relations during the war period. Since 1939, the American Republics have achieved a degree of coöperation in international matters which would hardly have seemed possible a few years earlier, and today all but one of the nations of the Continent are helping the United States either as belligerents or as non-belligerents in the prosecution of the war.On the military side, our neighbors have given us bases for our Naval and Air Forces and have strengthened their own armed forces, in most cases with the aid of missions from our Army and Navy. Some of them have taken an active part in anti-submarine operations, and Brazil is preparing to send forces abroad. On the political side, they have set up machinery for coöperation in dealing with fifth column and other hostile activities. The importance of their coöperation in these matters is inestimable. Of still more significance, perhaps, has been their economic aid.


2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.


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