scholarly journals Criminological Study of Drug Distribution in Lubuklinggau City

2021 ◽  
Vol 4 (2) ◽  
pp. 129-133
Author(s):  
Agustinus Samosir ◽  
Anak Agung Sagung Laksmi Dewi
Keyword(s):  
Rule Of Law ◽  
Police Officers ◽  
Drug Distribution ◽  
Young Generation ◽  
The Rule Of Law ◽  
Serious Crime ◽  
Detection Tool ◽  
Professional Guidance ◽  
Tremendous Impact ◽  
Made In

Drug crimes are a serious crime against humanity, which has a tremendous impact, particularly on the young generation. Drug crimes also count as transnational crime, considering that the distribution and trade of drugs are executed illegally across national borders. As a legal state, to uphold the rule of law is to eradicate the distribution and use of narcotics, specifically in Lubuklinggau. This situation became the basis for us to explore the problem: how is the criminology study of drug distribution in Lubuklingau city?. The prevention of drug distribution in Lubuklinggau today needs improvement, particularly in terms of facilities. Advanced detection tool is necessary to improve the prevention of drug trafficking. Professional guidance and prevention efforts are made in various locations, such as government offices, schools, campuses, with supervision from police officers. The enforcement system also needs to give severe punishments to offenders.  

STATE POLICING AND INVISIBLE FORCES IN MOZAMBIQUE

Africa ◽  
2014 ◽  
Vol 84 (3) ◽  
pp. 424-443 ◽  
Author(s):  
Helene Maria Kyed
Keyword(s):  
Rule Of Law ◽  
Police Officers ◽  
The Rule Of Law ◽  
Ethnographic Fieldwork ◽  
War Zone ◽  
Police Authority ◽  
State Police ◽  
State Authority ◽  
Post War ◽  
Spiritual Problems

ABSTRACTThis article explores how the state police in Mozambique tried to (re)encroach upon a former war zone and what their methods implied for state authority more generally. Post-war reform efforts to professionalize the police in accordance with the rule of law and human rights have had apparently paradoxical results. This is in part because efforts to constitute state authority have relied on both embracing and taming ‘tradition’ as an alternative domain of authority, order and law. Ethnographic fieldwork at police stations shows that the police increasingly handle witchcraft cases and spiritual problems. This, the article argues, does not only reflect a tension between local/customary and state/legal notions of order and justice. Equally significant is the existence of partial sovereignties. A spiritual idiom of power and evildoing constitutes an alternative articulation of sovereignty due to the capacity of invisible forces to give and take life. This is an idiom mastered by chiefs and healers. Police officers engage with invisible forces to gain popular legitimacy and manifest state power, and yet they never manage to fully master those forces. Consequently, state police authority remains uncertain, and must be continually reinforced by enacting hierarchies and jurisdictional boundaries and by using force.

Establishing the Rule of Law in Weak and War-torn States: Evidence from a Field Experiment with the Liberian National Police

2019 ◽  
Vol 113 (3) ◽  
pp. 641-657 ◽  
Author(s):  
ROBERT A. BLAIR ◽  
SABRINA M. KARIM ◽  
BENJAMIN S. MORSE
Keyword(s):  
Domestic Violence ◽  
Rural Communities ◽  
Field Experiment ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Police Officers ◽  
Experimental Evaluation ◽  
The Rule Of Law ◽  
Post Conflict ◽  
National Police

How to restore citizens’ trust and cooperation with the police in the wake of civil war? We report results from an experimental evaluation of the Liberian National Police’s (LNP) “Confidence Patrols” program, which deployed teams of newly retrained, better-equipped police officers on recurring patrols to rural communities across three Liberian counties over a period of 14 months. We find that the program increased knowledge of the police and Liberian law, enhanced security of property rights, and reduced the incidence of some types of crime, notably simple assault and domestic violence. The program did not, however, improve trust in the police, courts, or government more generally. We also observe higher rates of crime reporting in treatment communities, concentrated almost entirely among those who were disadvantaged under prevailing customary mechanisms of dispute resolution. We consider implications of these findings for post-conflict policing in Liberia and weak and war-torn states more generally.

Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

scholarly journals Preserving the rule of law in the era of artificial intelligence (AI)

2021 ◽  
Author(s):  
Stanley Greenstein
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Academic Discipline ◽  
Decision Makers ◽  
Human Flourishing ◽  
The Rule Of Law ◽  
Human Decision ◽  
Technological Developments ◽  
Made In ◽  
National Borders

AbstractThe study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is looming in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

Informal Justice and United Nations Peace Operations

2013 ◽  
Vol 10 (1) ◽  
pp. 166-192
Author(s):  
Bruce Oswald
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Peace Operations ◽  
The Rule Of Law ◽  
Informal Justice ◽  
Peacekeeping Operations ◽  
Serious Crime ◽  
Un Peacekeeping ◽  
Military Members ◽  
Justice Systems

This paper seeks to address how UN military members undertaking UN peacekeeping operations should engage with customary or informal justice systems that they encounter. The relevant guidance that exists suggests that, as a policy matter, informal justice systems should not be allowed to deal with matters of serious crime because of the danger they may violate basic rights, and because dealing with serious crime is a key prerogative of the state. However, there is a growing movement away from adopting a unitary, state-centric rule of law orthodoxy approach, towards viewing the rule of law from the perspective of legal pluralism. Using that perspective, and in acknowledging that military members of UN peace operations are highly likely to be confronted by informal justice systems during peace operations, this paper maps three principles that UN military members should apply when dealing with informal justice systems in the context of UN peace operations: giving due regard to applicable informal justice systems, maintaining oversight of the application of informal justice norms and practices, and avoiding corrupting informal justice systems.

Principles of Acceptance and Mistakes in the Implementation of Criminal Procedural Decisions

2019 ◽  
Vol 9 (5) ◽  
pp. 1519
Author(s):  
Maral T. ABZALBEKOVA ◽  
Roza M. ZHAMIYEVA ◽  
Bakytzhan A. ZHAKUPOV
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Practical Relevance ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Study Results ◽  
The Subject ◽  
Procedural Decisions ◽  
Goals And Objectives ◽  
Made In

The relevance of the study problem is caused by the need to ensure the legality, validity and substantiation of criminal procedural decisions, which ultimately leads to the achievement of goals and objectives of criminal proceedings. Purpose of the article: the purpose of the article is to develop the principles of decision-making by the subject of criminal procedural activity, as well as identifying the typical mistakes in their implementation. Study methods: The basis of problem solving in terms of criminal procedural decision-making and implementation is the system-based and activity approach and the methodological provisions of the decision-making theory, which allowed to identify patterns in the process of criminal procedural decision-making and implementation by the representative of criminal proceeding bodies and other participants of the proceeding. Study results: The principle systems of decision-making by the subject of criminal procedural activity is provided; the levels and stages of procedural decision-making and implementation are outlined, typical mistakes made by the subject of criminal procedural decision are determined taking into account the level of decision-making and the violated principle. Practical relevance: The identified patterns, principles, stages and levels of decision-making, as well as the typical mistakes formulated, will have a significant impact on improving the viability of decisions made in the criminal proceedings, and recommendations based on them contribute to ensuring the rule of law in the activities of judges, investigators, prosecutors and other participants in the proceedings.

Meaning of Rule of Law

2018 ◽  
pp. xxxviii-36
Author(s):  
Harish Narasappa
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Comprehensive Approach ◽  
The Rule Of Law ◽  
Primary Focus ◽  
The Relationship ◽  
Economic Choices ◽  
Considerable Detail ◽  
Made In

This chapter analyses the theoretical and practical meaning of the term ‘Rule of Law’. Shklar’s categorization of the rule of law theories into the Aristotelian and Montesquieu archetypes on the basis of political objectives and the organization of the state and the distinction between the thin and thick theories is discussed to explain the various components that comprise the rule of law. The relationship between such components and various political, social, and economic choices is examined to lay the ground for understanding the choices made in the Constitution and their impact on the rule of law. To explain and analyse the practical approaches to the rule of law, the primary focus is on understanding its various components as identified by various groups. As the WJP’s approach is the most comprehensive approach currently available, the factors identified by them are explained in considerable detail.

The King’s Two Bodies as Lamentation

2016 ◽  
Vol 13 (1) ◽  
pp. 24-35
Author(s):  
Karl Shoemaker
Keyword(s):  
Rule Of Law ◽  
State Power ◽  
Imago Dei ◽  
Modern State ◽  
The Rule Of Law ◽  
Two Bodies ◽  
Made In

The King’s Two Bodies is, as has long been recognized, a genealogy of modern state power. But it is also something else less clearly recognized. The King’s Two Bodies is a lamentation. In Kantorowicz’s poignant eulogy, the sovereign that medieval lawyers had made in the imago dei, was revealed at last to be an idol. Profound reverence for the rule of law crumbled into absent-minded legality. The lawful sovereign became diabolical power, forever deciding exceptions but incapable of justice or grace. In The King’s Two Bodies, Kantorowicz mournfully shows how the death and tragic afterlife of a particular medieval concept of sovereignty helped to make possible the horrors of modern political absolutism and state idolatry.

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