Alcoholism and Law Enforcement

1963 ◽  
Vol 9 (1) ◽  
pp. 84-88 ◽  
Author(s):  
Robert F. Borkenstein
Keyword(s):  
Law Enforcement ◽  
Antisocial Behavior ◽  
Public Safety ◽  
Criminal Code ◽  
Alcoholic Beverages ◽  
General Law ◽  
Law Enforcement Agency

The responsibility of the progressive law enforcement agency is to gain compliance with laws that promote harmony in society. Alcohol tends ,to alter the attitudes of otherwise law-abiding citizens so that there is a high correlation between the excessive use of alcohol and antisocial behavior. Laws in the criminal code dealing with alcohol fall roughly into four categories—those dealing directly with public safety, those that reflect moral at titudes, those reflecting the attitudes of loud minorities, and those dealing with the licensing, revenue, or sale of alcoholic beverages. From the standpoint of the general law enforcement agency, the only laws worthy of energetic enforcement are those dealing with public safety. The others are usually enforced by agencies with special and limited jurisdiction.

scholarly journals Konsep dan Pembaruan Residivisme dalam Hukum Pidana di Indonesia (Concept and Reform of Recidivism in Criminal Law in Indonesia)

2019 ◽  
Vol 9 (2) ◽  
pp. 199-216
Author(s):  
Prianter Jaya Hairi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Penal Code ◽  
Law Enforcement Agency ◽  
Current Arrangement ◽  
Intermediate System

The legal arrangement of additional penalty for repetition of crime (recidivism) as stipulated in Indonesian Criminal Code has been considered quite complicated to be executed. The draft of the New Indonesian Penal Code Bill brings changes to the concept of recidivism. This study intends to examine the concept of recidivism in the doctrine, in its current arrangement, in the draft of the New Indonesian Penal Code Bill, and to examine the implications of the concepts’ changing for criminal law enforcement in general. In the discussion it is known that the existing Criminal Code, applied the concept of special recidivism with the intermediate system, that will be transformed into a system of "Algemene Recidive" or a general recidive, which means that it would no longer differentiates the type of crime or group of repeated offenses. The draft of the New Indonesian Penal Code Bill stipulates that the period of time a person is charged due to a recidive is an additional "5 (five) years" after undergoing all or part of the principal punishment imposed or after the principal criminal sentence has been abolished, or when the crime was committed, the previous sentences has not been expired (still serving a criminal sentence). Some of the implications of these changes are to include a relatively simpler concept of recidivism in the draft Criminal Code compare to what is currently regulated in the Criminal Code. Therefore, this concept will make it easier for law enforcers to implement recidivism. Implementation of the concept of recidivism should be followed by changes in criminal procedural instruments (RUU KUHAP) and other regulations related to technical procedures in each law enforcement agency. Changes in the recidivist system also need to be followed by efforts to reform the penitentiary system, so that the level of recidivism would not increased.AbstrakPengaturan hukum mengenai pemberatan hukuman karena pengulangan tindak pidana (residivisme) yang terdapat dalam Kitab Undang-undang Hukum Pidana (KUHP) selama ini dipandang cukup rumit untuk diterapkan. RUU Hukum Pidana membawa perubahan terhadap konsep residivisme. Artikel ini bermaksud untuk mengkaji bagaimana konsep residivisme dalam doktrin, dalam pengaturannya saat ini, dalam draft RUU Hukum Pidana, serta mengkaji implikasi perubahan konsep tersebut bagi penegakan hukum pidana secara umum. Dalam pembahasan diketahui bahwa KUHP yang selama ini berlaku, menerapkan sistem residivis khusus dengan sistem antara, akan diubah menjadi sistem “Algemene Recidive” atau recidive umum, yang artinya sudah tidak lagi membedakan jenis tindak pidana atau kelompok jenis tindak pidana yang diulangi. RUU Hukum Pidana diantaranya mengatur bahwa jangka waktu seseorang dikenakan pemberatan akibat recidive ialah “5 (lima) tahun” setelah menjalani seluruh atau sebagian pidana pokok yang dijatuhkan atau pidana pokok yang dijatuhkan telah dihapuskan, atau pada waktu melakukan Tindak Pidana, kewajiban menjalani pidana pokok yang dijatuhkan terdahulu belum kedaluwarsa (masih menjalani pidana). Beberapa implikasi dari perubahan tersebut antara lain bahwa konsep recidivis dalam draf RUU Hukum Pidana relatif lebih simpel dibandingkan dengan yang diatur dalam KUHP yang berlaku saat ini. Oleh sebab itu konsep tersebut akan lebih memudahkan penegak hukum dalam penerapannya. Penerapan konsep residivis perlu diikuti dengan perubahan instrumen hukum acara pidana (RUU KUHAP) serta peraturan lain terkait prosedur teknis di masing-masing lembaga penegak hukum. Perubahan sistem residivis juga perlu diikuti dengan upaya pembenahan terhadap sistem pembinaan lembaga pemasyarakatan, agar tingkat residivisme tidak semakin tinggi.

scholarly journals Actions: problems of separation of forms in the aspect of improvement of the terminological apparatus of domestic criminal law

2020 ◽  
pp. 312-315
Author(s):  
Sergiy Kuzmin ◽  
Oleg Gorai ◽  
Vladyslav Melnyk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agency ◽  
Special Part ◽  
The Subject ◽  
The Law ◽  
Correct Application ◽  
Passive Action

Problematic issues related to the need to ensure the correct application of criminal law in the aspect of changing the terminology of the scope of the offence are investigated. In qualification, identifying the scope of the offence is the first step in this process because, in practice, when a crime is detected, the law enforcement agency faced by the features of its scope. At the same time, a number of dispositions of the norms of the Special part of the Criminal Code of Ukraine envisages acting solely in one of its forms "commissions" and "omissions", which are quite evaluative in their separation. The content of these terms, although generally simplified, identical in the educational literature, is not interpreted equally by scientists in scientific works, and sometimes is uncertain. A separation of  commissions and omissions, both active and passive forms of action is possible if elementary in external manifestation of active or passive action is committed. These include the fact of a specifically conscious and desirable movement of one's body or a conscious and desirable refusal to commit such actions. The authors emphasize that the problems of separation of  commissions and omissions, as an active and passive form of high-handed, conscious, unlawful and socially dangerous behavior of the subject of the crime, were recognized by scientists in the "Soviet times". On basis of conducted analysis and with reference to the work of leading scientists, the authors propose the expediency of refusal in the domestic criminal law of the terms "commissions" and "omissions", with the simultaneous introduction to the theory of criminal law and the Criminal Code of Ukraine a term devoid of internal contradictions (act, commissions etc.), caused by the application in the dispositions of the Particular part of the law on criminal liability of the specific division of the external manifestation of the behavior of the subject of the crime.

scholarly journals TOPICAL PROBLEMS OF QUALIFICATION OF CRIME, PROVIDING RESPONSIBILITY FOR INDECENT ASSAULT (ARTICLE 135 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AND MEASURES TO IMPROVE THE CRIMINAL STRUCTURE

2020 ◽  
Vol 30 (2) ◽  
pp. 264-270
Author(s):  
N.G. Kalugina ◽  
A.A. Shutova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
Illegal Activity ◽  
Legal Assessment ◽  
General Law ◽  
The Russian Federation

In this article, the various issues of legal assessment of the offence, which provides for liability for indecent acts against teenagers who have not reached the age of sixteen, are to be studied. In addition, the article considers problems arising in the process of qualification of the act, including those related to the determination of the ways of committing indecent acts, the age characteristics of the victim of the crime, as well as the understanding of the characteristic of the personality of the perpetrator. In addition to these issues arising in law enforcement, in our view, it is necessary to improve the criminal law norm. It is proposed to make some changes to the elements of the offence provided for in articles 135 of the Criminal Code of the Russian Federation, thus facilitating the process of qualification of the act and, in general, law enforcement activities. It also seems necessary for us to establish such a form of illegal activity as a criminal offence under article 134 of the Criminal Code of the Russian Federation, as commission of other acts of a sexual nature with the victims in the event of mutual consent.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Do New Chiefs Mean Fresh Perspectives? The Institutionalization of the Police Executive Environment

2021 ◽  
pp. 009385482110067
Author(s):  
Matthew C. Matusiak
Keyword(s):  
Law Enforcement ◽  
Regression Models ◽  
Ordinary Least Squares ◽  
Limited Attention ◽  
Control Group ◽  
Multivariate Methods ◽  
Environmental Perceptions ◽  
Police Organizations ◽  
Law Enforcement Agency ◽  
Time Periods

Research suggests policing is a highly institutionalized field. Limited attention has been paid, however, to the institutionalization of leaders’ views. Assessing turnover in 71 Texas police organizations between October, 2011, and July, 2015, this research evaluates whether there is consistency (i.e., institutional homogenization) after turnover in chiefs’ perceptions of their environments and agency priorities. The research is unique in that it assesses two chiefs’ perceptions that have both led the same law enforcement agency in successive time periods. Assessments of environment and priorities from former chiefs and those replacing them are evaluated utilizing descriptive, bivariate, and multivariate methods. These assessments are also compared with a control group of chiefs from agencies not experiencing turnover. Bivariate results suggest little variation across current and former chiefs, whereas ordinary least squares (OLS) regression models suggest differing relationships across chiefs groups between environmental perceptions and agency priorities. Discussion of the findings is framed by institutional theory.

Immigrant Sanctuary Policies and Crime-Reporting Behavior: A Multilevel Analysis of Reports of Crime Victimization to Law Enforcement, 1980 to 2004

2021 ◽  
Vol 86 (1) ◽  
pp. 154-185
Author(s):  
Ricardo D. Martínez-Schuldt ◽  
Daniel E. Martínez
Keyword(s):  
Law Enforcement ◽  
Social Policy ◽  
Help Seeking ◽  
Public Safety ◽  
The United States ◽  
Crime Reporting ◽  
Immigrant Community ◽  
Crime Victimization ◽  
Community Members ◽  
Reporting Behavior

Sanctuary jurisdictions have existed in the United States since the 1980s. They have recently reentered U.S. politics and engendered contentious debates regarding their legality and influence on public safety. Critics argue that sanctuary jurisdictions create conditions that threaten local communities by impeding federal immigration enforcement efforts. Proponents maintain that the policies improve public safety by fostering institutional trust among immigrant communities and by increasing the willingness of immigrant community members to notify the police after they are victimized. In this study, we situate expectations from the immigrant sanctuary literature within a multilevel, contextualized help-seeking framework to assess how crime-reporting behavior varies across immigrant sanctuary contexts. We find that Latinos are more likely to report violent crime victimization to law enforcement after sanctuary policies have been adopted within their metropolitan areas of residence. We argue that social policy contexts can shift the nature of help-seeking experiences and eliminate barriers that undermine crime victims’ willingness to mobilize the law. Overall, this study highlights the unique role social policy contexts can serve in structuring victims’ help-seeking decisions.

Medicaid Not Required to Fund Medically Necessary Abortions

1980 ◽  
Vol 1 (8) ◽  
pp. 3-6
Author(s):  
George J. Annas
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Medical Procedures ◽  
Poor Women ◽  
Law Enforcement Agency ◽  
The Individual ◽  
Joint Resolution

In an extraordinary and highly controversial 5-4 decision, the United States Supreme Court decided on June 30, 1980, that the United States Constitution does not require either the federal government or the individual states to fund medically necessary abortions for poor women who qualify for Medicaid.At issue in this case is the constitutionality of the Hyde Amendment. The applicable 1980 version provides:|N]one of the funds provided by this joint resolution shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest when such rape or incest has been reported promptly to a law enforcement agency or public health service, (emphasis supplied)

Law Enforcement on Child Sexual Abuse in Manado City

2021 ◽  
Vol 4 (1) ◽  
pp. 28-34
Author(s):  
Nontje Rimbing ◽  
Meiske T. Sondakh ◽  
Eske N. Worang
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Child Protection ◽  
Juvenile Justice System ◽  
Criminal Code ◽  
The North ◽  
North Sulawesi ◽  
Legal Method ◽  
Special Rules

This study investigates child sexual abuse cases that remain high in Manado as well as its law enforcement against the perpetrators, especially for underage perpetrators. By using a normative legal method, this research paper aims to examine legal materials, namely the Criminal Code and the Child Protection Law No. 35 of 2014 by collecting empirical data about law enforcement by the North Sulawesi Regional Police. The findings indicate that the law enforcement on underage perpetrators depends on the investigators in charge, in principle, under Law no. 35 of 2014, and they are detained in Child Care Centers of Tomohon. Also, this research specifically underlined that law enforcement against underage perpetrators has followed the procedures of the juvenile justice system, while the victims do need special attention of institutions outside the police. To ensure the rights to education in detention, this study suggests to make special rules regarding the obligation of teachers to provide private lessons.

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