scholarly journals The Police Officer’s Plight: The Intersection of Policing and the Law

2015 ◽  
Author(s):  
Kevin Cyr
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Process Approach ◽  
Control Approach ◽  
Police Authority ◽  
Specific Definition

The article examines the interaction and tension between the attitudes of the police and the courts in the context of the criminal justice system. Canadian laws governing the authority of the police are argued to be generally permissive but lacking in clear and specific definition. Because of this, their application may be highly subjective which causes problems when the police and the courts have different expectations for the role of the police. Police generally adopt a crime control approach in their investigative processes while courts tend to use a due process approach in trials. The article examines the factors within law enforcement, as well as broader societal elements, which lead to police adopting a crime control approach. Also examined are behavioural and situational elements that influence police officers’ decisions, particularly when they work from a presumption of guilt. This approach often conflicts with the legal presumption of innocent until proven guilty that is required in the trial process. This creates tensions, especially when police are required to explain their decisions and actions in the course of a trial. The article argues that the lack of clarity in the laws of police authority has resulted in police officers defaulting to a crime control approach, since it matches their view of their role in society. It conflicts, however, with the courts’ assumptions of what police behaviour should be, which leads to tension between the two institutions.

scholarly journals Role of the Court in Protecting Human Rights in crime-control Model, Accrording to the Criminal Procedure Code of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Le Lan Chi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Criminal Procedure ◽  
University Of Pennsylvania ◽  
Study Guides

The court exercises the judicial power, thereby plays an important role in protecting human rights. However, such role varies across nations and models of criminal procedure. Vietnam, the country has been following the model of crime control, has its corresponding approach to the role of the court in protecting human rights. Notwithstanding, the current context of improving the rule of law and human rights has posed challenges and raised questions of changing the approach. Keywords The Court, adjudication, human rights, model, due-process, crime-control, the accused References [1] Herbert L. Packer, Two models of the criminal process, University of Pennsylvania Law Review, 1964, 1 (http://scholarship.law.upenn.edu/penn_law_review/vol113/iss1/1) [2] Joycelyn M. Pollock, Ethical Dilemmas and Decisions in Criminal Justice, Cengage Learning, Boston, 2015, p.116 [3] https://www.cliffsnotes.com/study-guides/criminal-justice/the-criminal-justice-system/which-model-crime-control-or-due-process [4] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 146 [5] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 148 [6] Đào Trí Úc, Hệ thống những nguyên tắc cơ bản của tố tụng hình sự Việt Nam theo Bộ luật tố tụng hình sự năm 2015 (in trong sách chuyên khảo “Những nội dung mới trong Bộ luật tố tụng hình sự năm 2015”, Nguyễn Hoà Bình (chủ biên), Nxb. Chính trị quốc gia – Sự thật, Hà Nội, 2016, trang 59.

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

Organizing the Division

2019 ◽  
pp. 85-119
Author(s):  
Luis Daniel Gascón ◽  
Aaron Roussell
Keyword(s):  
Law Enforcement ◽  
Organizational Structure ◽  
Crime Prevention ◽  
Crime Control ◽  
Symbolic Boundaries ◽  
Community Meeting

The chapter examines the captaincy of Albert Himura and his academy trainer, Rick Patton. Together, these Captains defined the organizational structure of the two groups the authors observed—the CPAB and the HO—throughout their fieldwork. The authors explore the community meeting structure under Captain Himura, whose main goal is to cultivate the capacity for community crime control. This begins with recruiting pro-law-enforcement thinkers. They also discuss how Captain Patton controlled the symbolic boundaries of meetings—who could participate, the agenda, and what messages should be circulated within and outside meetings—and show how police shape and restrict the role of the citizen in crime prevention. Regular meetings demonstrate that LAPD wishes to collaborate, but at the same time the Captain and SLOs favor LAPD’s traditional crime-fighting project.

Stop and Search as a Respectful Encounter

2020 ◽  
pp. 68-94
Author(s):  
Gabrielle Watson
Keyword(s):  
Police Officers ◽  
Due Process ◽  
Crime Control ◽  
Legal Regulation ◽  
Bodily Integrity ◽  
The Public ◽  
Minority Ethnic Groups ◽  
Statutory Power ◽  
Stop And Search ◽  
Minority Ethnic

In this chapter, there is a shift in focus to the statutory power of the police to stop and search, the controversial status of which is not new. Less well documented, however, is that stop and search is highly relevant to the study of respect, since the practice tends to undermine the value, if not render it conspicuously absent. The chapter is organised as follows. The opening section explores how we might sharpen our critique of stop and search by framing it in terms of respect. Stop and search—a common form of adversarial contact between the police and the public—taps into deep and ingrained tensions between preventive policing, the exercise of coercive state authority, due process, and crime control. Among the most incisive criticisms of the power are its disproportionate and discriminatory exercise in relation to minority ethnic groups, its role in eroding police legitimacy, and the invasion of privacy and violation of bodily integrity necessitated by the search itself. The next section assesses three prominent proposals for the reform of stop and search—procedural justice training for police officers, tighter legal regulation of the power, and abolition—in terms of respect.

scholarly journals Criminal Investigation and Criminal Intelligence: Example of Adaptation in the Prevention and Repression of Cybercrime

Risks ◽  
2020 ◽  
Vol 8 (3) ◽  
pp. 99
Author(s):  
Barlatier Jerome
Keyword(s):  
Law Enforcement ◽  
Crime Control ◽  
Holistic Approach ◽  
Social Relevance ◽  
Law Enforcement Agencies ◽  
Criminal Intelligence ◽  
Police Investigations ◽  
The Social ◽  
Intelligence Service

In the context of the digitization of delinquent activities, perpetrated via the internet, the question of the most appropriate means of crime prevention and crime repression is once again being raised. Studies performed on police investigations have highlighted the over-determining nature of circumstantial factors in crime as a condition for their elucidation for more than fifty years. The emergence of mass delinquency, such as cybercrime, has thus strongly altered the role of investigation as a useful mode of knowledge production. This obsolescence has appeared gradually and can be summarized in four stages, which generates a suspicion about the social relevance of the investigation. It seems that the holistic approach of criminal intelligence is more adapted to the fight against new forms of crime. The investigation becomes a precision instrument assigned to functions that become more specific. This article considers this paradigm shift by the approaches to knowledge management of crime control. Cybercrime is then emblematic of this shift. This study is based on the criminological review and the delinquency analysis led by the central criminal intelligence service of the national gendarmerie. Its premise may likely guide the strategy of French law enforcement agencies.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

Charge Bargaining and Sentence Discount: The Victim's Perspective

1997 ◽  
Vol 5 (1) ◽  
pp. 23-36 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Charge Bargaining ◽  
The Impact ◽  
Due Process Rights

This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.

scholarly journals Young People Who Use Drugs Views Toward the Power and Authority of Police Officers

2021 ◽  
pp. 009145092110589
Author(s):  
Alissa Greer ◽  
Marion Selfridge ◽  
Tara Marie Watson ◽  
Scott Macdonald ◽  
Bernie Pauly
Keyword(s):  
Young People ◽  
Police Officers ◽  
Justice System ◽  
Use Of Force ◽  
People Who Use Drugs ◽  
Institutional Reforms ◽  
Vulnerable Communities ◽  
Police Authority ◽  
Police Encounters ◽  
Power And Authority

Many young people who use drugs are structurally vulnerable to policing powers given the ongoing criminalization of drug possession. Police authority limits and the expression of that authority may play a significant role in police encounters among young people who use drugs. This qualitative study explores the views of young people who use drugs toward police power and authority in their recent encounters with police officers. Interviews were conducted with 38 young people who recently used illegal drugs in British Columbia, Canada. We found five interrelated themes related to perceptions of police authority: (1) skepticism and distrust toward authority; (2) paternalism and authority over drug use; (3) officer use of force; (4) police as power-hungry; and (5) officers above the law. Participants described police authority as limitless, unpredictable, untethered, easily abused, and lacking accountability. Participants feared holding police officers accountable to power abuses in a criminal justice system that they saw as stacked against them. Moving forward, institutional reforms may consider and account for the expression, limits, and use of police authority among young people who use drugs and other structurally vulnerable communities.

scholarly journals On the role of social choice, the challenges of implementing the Treaty on the establishment of a United Russian-Belarusian State of December 8, 1999 and the integration constitutionalism

2021 ◽  
Vol 5 (2) ◽  
pp. 231-237
Author(s):  
S. N. Baburin
Keyword(s):  
Law Enforcement ◽  
Social Choice ◽  
Social System ◽  
Justice System ◽  
Political System ◽  
Scientific Conference ◽  
State University ◽  
Public And Private ◽  
200Th Anniversary

The article reproduces the speech of Sergey N. Baburin at the plenary session of the inter-national scientific conference "Law Enforcement in Public and Private Law", which was held on March 26, 2021 at the Faculty of Law of the Dostoevsky Omsk State University. The conference was dedicated to the 200th anniversary of the birth of Fedor M. Dostoevsky. On the example of the law enforcement of the norms of the Treaty on the Creation of the Union Russian-Belarusian State of 1999 the speaker examines the issues of modern social choice in the development of mankind. Civilizm is proposed as a new social system, and the characteristics of its constitutionalism, political system, and justice system are described. The author argues for the necessity of establishing a moral state and creating a union state with the participation of Russia by using the mechanisms of integration constitutionalism.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

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