Promoting the Rule of Law in Communities with Criminal Groups: Experimental Evidence from Lagos, Nigeria

The article aims to reveal the nature and specifics of the alternative method of modern banking ‘Hawala’, which makes it on the one hand, extremely convenient for use by organized criminal groups, and on the other, difficult to be investigated and proven. The authors trace Hawala’s historical roots, referring to the ancient customary law, and point out the strict rules on which it operates. It highlights that, with the development of information technologies, the Hawala systems’ principles have found a new application, from which organized criminal groups benefit. The article clarifies how the Bulgarian legislation incriminates money laundering and the possible use of the ‘Hawala’ system for this and other criminal activities. Attention is paid to the Bulgarian experience in the investigation of a network of persons involved in the use of the Hawala method for concealing, particularly serious crimes. The conclusion is made that the Hawala phenomenon poses a serious threat to the rule of law in any country, and the Bulgarian legislation needs to be adapted in order to provide effective mechanisms to counter such non-conventional type of crime.

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Why the Rule of Law? Experimental Evidence from China

Justice System Journal ◽

10.1080/0098261x.2020.1803776 ◽

2020 ◽

pp. 1-19

Author(s):

Jennifer R. Wilking ◽

Gregory J. Love

Keyword(s):

Experimental Evidence ◽

Rule Of Law ◽

The Rule Of Law

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Features of planning of the investigation of crimes committed by organized criminal groups

Науково-теоретичний журнал «Вісник Луганського державного університету внутрішніх справ імені Е.О. Дідоренка» ◽

10.33766/2524-0323.93.297-305 ◽

2021 ◽

Vol 1 (93) ◽

pp. 297-305

Author(s):

Д.I. Оставчук ◽

K.П. Русняк

Keyword(s):

Social Development ◽

Rule Of Law ◽

Organized Crime ◽

Criminal Investigation ◽

Critical Examination ◽

Crucial Issue ◽

The Rule Of Law ◽

Major Threat ◽

Criminal Groups

Organized crime is a crucial issue because it poses a major threat to the rule of law and has very serious consequences for victims, the economy and social development. In this study, the author, based on a critical examination of the literature, outlines the criteria that would underlie a good planning criminal investigation in case of crimes committed by organized criminal groups.

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Keep Your (Horse) Hair On? Experimental Evidence on the Effect of Exposure to Legitimising Symbols on Diffuse Support for the High Court

Federal Law Review ◽

10.1177/0067205x20927818 ◽

2020 ◽

Vol 48 (3) ◽

pp. 382-400

Author(s):

Ingrid Nielsen ◽

Zoe Robinson ◽

Russell Smyth

Keyword(s):

Decision Making ◽

Experimental Evidence ◽

Rule Of Law ◽

Decision Making Process ◽

Institutional Legitimacy ◽

High Court ◽

The Rule Of Law ◽

The Public ◽

Horse Hair ◽

Diffuse Support

Positivity theory posits that the courts rely on powerful legitimising symbols—such as elaborate judicial attire, honorific forms of address and imposing courtroom design—to ensure legitimacy in the eyes of the public in the absence of an electoral mandate. The argument is that such legitimising symbols evoke images of learning and pageantry and create the presumption that the process by which the decision was made was fair. Typically, positivity theory has been tested by examining whether people who have a greater awareness or knowledge of the courts express higher diffuse support for their decisions. Yet, such an approach assumes that those who know more about the courts will have greater exposure to their legitimising symbols. It does not directly test if exposure to the courts’ legitimising symbols causes people to be more acquiescent with decisions with which they disagree. In this article we use a survey-based experiment to examine if exposure to the legitimising symbols of the High Court makes people more willing to accept decisions of the Court with which they disagree. We assess whether the decision of the High Court Justices to simplify their attire, including, since 1988, ceasing to wear wigs when sitting on the Bench, has adversely affected the Court’s institutional legitimacy by removing some of the mystique associated with the decision-making process. We find that exposure to the Court’s legitimising symbols is associated with higher acquiescence with decisions which people disagree with, but the Court’s decision to simplify the Justices’ attire has not adversely affected diffuse support for its decisions. Our findings are important because the Court is reliant on maintaining legitimacy to enforce the rule of law. Our results speak directly to how the Court can best take steps to increase its institutional legitimacy in the eyes of the public.

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Penanganan Diversi Anak sebagai Tersangka dalam Tindak Pidana Pencurian Kenderaan Bermotor pada Polres Sibolga

Journal of Education, Humaniora and Social Sciences (JEHSS) ◽

10.34007/jehss.v4i2.886 ◽

2021 ◽

Vol 4 (2) ◽

pp. 1222-1233

Author(s):

Suprihanto Pardjanihadi ◽

Ediwarman Ediwarman ◽

Rizkan Zulyadi

Keyword(s):

Rule Of Law ◽

Child Protection ◽

Motor Vehicle ◽

Parental Supervision ◽

Motor Vehicle Theft ◽

Internal Factors ◽

The Rule Of Law ◽

Analysis Technique ◽

Criminal Groups ◽

Motorized Vehicles

The research objective is to analyze the rule of law in the application of diversion to children; the factors causing the criminal act of theft of motorized vehicles by children and the diversion policy against child suspects in the crime of theft of motorized vehicles at the Sibolga Resort Police. The research method used is descriptive method, while the data analysis technique uses descriptive qualitative. The results of the study indicate that the rule of law in the application of diversion to children who commit criminal acts is regulated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, namely in articles 6 – 15 and Law no. 35 of 2014 concerning Child Protection, namely article 1 number (2). Factors causing the theft are internal factors, namely economic factors where children come from families of weak economic groups, lack of parental supervision because they are busy at work, lack of legal awareness by children because they are still not mature in thinking, narcotics needs because they are wrong in the association of friends, external factors are the opportunity to commit theft, the influence of the environment where children are connected to criminal groups or motorcycle gangs, the influence of adults who try to take advantage of children to commit theft of motorized vehicles, and the number of collectors of stolen motorized vehicles. The diversion policy against child suspects in the crime of motor vehicle theft at the Sibolga Resort Police is carried out by means of formal and non-formal policies.

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