Ethics, justice and policing

Good Policing ◽  
2020 ◽  
pp. 73-86
Author(s):  
Mike Hough
Keyword(s):  
Procedural Justice ◽  
Police Officers ◽  
Ethical Issues ◽  
Structural Inequality ◽  
Normative Foundation ◽  
Low Visibility ◽  
Societal Level ◽  
The Law ◽  
Compliance With The Law

This chapter explores ethical issues that are raised by procedural justice approaches to policing. Both in individual contacts between police and public and at a societal level, problems can result from the use of low-visibility techniques for securing compliance. There is a risk that people’s choices about compliance with the law are being reshaped by stealth: their autonomy as citizens may be eroded when police officers manage them into compliance through a display of civility and respect. At a societal level, the appearance of the police as an even-handed and fair institution can serve as an ‘ideological cloak’ that hides from public view structural inequality and unfairness. The chapter argues that these risks can be mitigated if police commit to the normative foundation of procedural justice, and do not simply focus on the instrumental benefits of the approach. They need to recognise their duty to treat citizens fairly and with respect.

scholarly journals The Effect of Penal Legitimacy on Prisoners’ Postrelease Desistance

2017 ◽  
Vol 64 (7) ◽  
pp. 917-938 ◽  
Author(s):  
Daniel McCarthy ◽  
Ian Brunton-Smith
Keyword(s):  
General Population ◽  
Procedural Justice ◽  
Longitudinal Survey ◽  
England And Wales ◽  
The Law ◽  
Compliance With The Law ◽  
Formal Rules

Studies of procedural justice and legitimacy have shown that where legal actors use formal rules in ways that are perceived to be fair and consistent by those policed, greater compliance with the law can be achieved. A number of studies have assessed how legitimacy and compliance are related using general population samples, but few have tested these links among offending groups. Drawing on data from a longitudinal survey of prisoners across England and Wales, we find that prisoners who perceive their experience of prison as legitimate are more likely to believe that they will desist from crime. However, despite the existence of desistance beliefs, these do not translate into similar effects of legitimacy on proven reconviction rates a year post release.

Procedural Justice in the Criminal Justice System

2020 ◽  
Author(s):  
Elise Sargeant ◽  
Julie Barkworth ◽  
Natasha S. Madon
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Police Officers ◽  
Justice System ◽  
Correctional Officers ◽  
Liberal Democracies ◽  
The Public ◽  
System P ◽  
Compliance With The Law

Fairness and equity are key concerns in modern liberal democracies. In step with this general trend, academics and practitioners have long been concerned with the fairness of procedures utilized by the criminal justice system. Definitions vary, but procedural justice is loosely defined as fair treatment and fair decision-making by authorities. In the criminal justice system, the procedural justice of authorities such as police officers, judicial officers, and correctional officers is evaluated by members of the public. Procedural justice in the criminal justice system is viewed as an end in and of itself, but it is also an opportunity to yield various outcomes including legitimacy, public compliance with the law, cooperation with criminal justice officials, and satisfaction with criminal justice proceedings and outcomes.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

scholarly journals Procedural justice, compliance with the law and police stop-and-search: a study of young people in England and Scotland

2020 ◽  
pp. 1-20
Author(s):  
Kath Murray ◽  
Susan McVie ◽  
Diego Farren ◽  
Lauren Herlitz ◽  
Mike Hough ◽  
...  
Keyword(s):  
Young People ◽  
Procedural Justice ◽  
The Law ◽  
Compliance With The Law ◽  
Stop And Search

Good Policing

2020 ◽  
Author(s):  
Mike Hough
Keyword(s):  
Procedural Justice ◽  
Police Officers ◽  
Crime Control ◽  
Public Trust ◽  
Police Legitimacy ◽  
Justice Theory ◽  
Police Recruits ◽  
The Public ◽  
Police Contacts ◽  
The Law

This book conveys the ideas behind procedural justice theory as they apply to policing. It sets out important but complex ideas in jargon-free language to non-specialist readers with an interest in policing – including serving police officers and police recruits as they embark on a degree-level entry programme into the police service. The book’s main message is that public trust in the police builds police legitimacy, and people comply with the law and cooperate with the police when they see the police as legitimate. It argues that public trust in the police serves as the bedrock of police legitimacy. Procedural justice theory provides an account of the reasons why people obey the law that stresses the importance of fair and respectful treatment of the public, and an alignment between policing practice and people’s moral standards. It provides a narrative about crime control that questions the tough ‘no-nonsense’ solutions that politicians often reach for when crime problems emerge. The book’s main policy recommendations are that policing strategies and tactics should always be assessed against criteria of legitimacy, and that the quality of treatment in police contacts with the public is one of the keys to good policing.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Analysis of the executive discipline of medical and pharmaceutical experts compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances

2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  
Keyword(s):  
Practical Medicine ◽  
Psychotropic Substances ◽  
The Law ◽  
Compliance With The Law ◽  
Narcotic Drugs

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.

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