Law Enforcement Functions Research Articles

PSYCHOLOGICAL FEATURES OF NORMATIVE REGULATION OF THE POLICE OFFICERS’ CONDUCT OF THE NATIONAL POLICE OF UKRAINE

The article analyzes the psychological characteristics of normative regulation of the police officers’ conduct of the National Police of Ukraine. The adopted to discuss the authors attempted to examine the system of normative regulation of human behavior, the concept of social rules and the group norms. In the course of theoretical study the authors concluded that regulation of police officer’s conduct is carried out by a complex interaction of social norms (relevant to the specific historical period of its existence) and hierarchical system of personal values ​​(typical for the law enforcement officer). The way of forming of socially expected system of police officers’ normative regulation of the National Police of Ukraine - is a long and complex process of transformation of the legal principles of activity, group norms of the police officers’ conduct and modification of proclaimed norms of activity into personal norms of human behavior that carries out law enforcement functions

Dispersed Losses in Tort Law – An Economic Analysis

From a law and economics perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit. This is mainly true because of rational apathy, free-riding problems and information asymmetries. In this paper we assess various funding and insurance options that are available with a view to improving the individual’s risk ratio and the potential of out-of-court dispute resolution mechanisms to capture small claims. Next, we consider the attribute ‘widespread’ and, therefore, look at any solution that would involve grouping claims, thereby leading to cost-reductions for the individual. Public law enforcement functions in a way similar to grouping claims because a collective matter is dealt with in one proceeding and individuals are relieved of (most of) the litigation costs. Combinations of public and private means are likewise possible. Throughout the analysis we will differentiate cases of small and widespread and very small and widespread harm. For the latter the threat of collective compensation claims is neither credible nor economically feasible. This calls for an investigation of alternative remedies to compensation, such as skimming off procedures, fines or punitive damages that uphold the deterrent effect. In addition to the theoretical analysis, we will refer to current EU policy where applicable.

Law enforcement agencies of Ukraine: definition and functions

The article presented for publication is the attempt to point out the problems of defining the notions of «law enforcement bodies», «functions of law enforcement bodies». In the paper the attention is paid to their theoretical and practical significance in the context of law-making process and organization of work of law enforcement agencies in Ukraine. The author mentions that a reforming process of society and state bodies is taking place in Ukraine. One of its tasks is to update a law enforcement agencies’ system. However there are no determined criteria for any state body to be recognized as a “law enforcement” one. That is why definition of such a criteria, establishment and understanding of law enforcement agencies’ functions, their place and role in the mechanism of ensuring the rights, freedoms and legal interests of persons is extremely urgent and important. The author gives the definition of law enforcement agency and states that it is a state body which performs one or few law enforcement functions and has a separate material and technical supplement of its employees. It’s also mentioned that legislation provide special requirements to this organ and its staff own specific rights and obligations.

Factors affecting trust in police in Turkey

<p>Law enforcement administrators generally evaluate their performance using statistics related to crime control. These statistics are important indicators for measuring performance, but it is also crucial to measure of public opinions toward the police. This study examines the determinants of public trust in the police. Using data from the European Social Survey (ESS) Round 4, for the analysis, a total sample of 2,416 persons is selected from respondents from Turkey. The study provides a snapshot of citizens’ perceptions toward law enforcement. Overall, the results of this study regarding the demographic variables, including age, gender, marital status, and education, were consistent with previous research and proved to be significantly related to trust in the police. Surprisingly, perceived victimization failed to show a significant relationship. However, important predictors included perceived fear of crime and trust in the political system, which had significant impacts on public trust in the police. Especially, fear of crime was a significant predictor of satisfaction with police. Effective crime control and lowering crime rates are considered the core functions of law enforcement by citizens. Therefore, perceived effectiveness in fighting crime can lower individual fear of crime and thus increase satisfaction with law enforcement.<strong></strong></p>

The Role of EU Competition Law in Tackling Abuse of Regulatory Power by Sports Associations

In his opinion in Bosnian, Advocate General Lenz called attention to the function of EU competition law to control the private regulatory power of international sports associations. The true potential of EU competition law to protect athletes and other parties against regulatory overreach by sports associations, however, remains underexplored. This article examines the prospect of an increased use of EU competition law to challenge restrictive rules or abusive conduct and, consequently, to exert influence on the governance structure and institutional features of sports associations. First, it generally assesses the extent to which the rule-making activity of sports associations relating to the organization of sport satisfies the requirements for the application of Articles 101 and 102 TFEU. It will highlight that the analytical framework gives sufficient flexibility to take into account the specific characteristics of sport. Second, to practically illustrate the nature and function of EU competition law enforcement, it analyses European and national decisional practice regarding conflicts of interest between the role of sports associations as the regulator of their sport and their commercial interests in the events that they promote and organize.

The Praetorians: An Analysis of U.S. Border Patrol Checkpoints Following Martinez-Fuerte

This Note analyzes interior immigration checkpoints following the US Supreme Court’s decision in United States v. Martinez-Fuerte, which upheld the use of checkpoints for the narrow purpose of conducting brief, routine questioning of persons traveling within the United States in order to verify a person’s citizenship and immigration status. The Court’s holding, however, has been broadened by Border Patrol officials to cover other law enforcement functions such as apprehending narcotics and weapons. This broader use of the checkpoints “subverts the rationale of Martinez-Fuerte and turns a legitimate administrative search into a massive violation of the [Constitution].” This Note makes several proposals that could curtail the abusive practices that have taken place at the checkpoints since the Court’s decision in Martinez-Fuerte. First, it recommends that Congress install an ombudsman with the purpose of overseeing border patrol operations at the checkpoints. The ombudsman would be primarily concerned with remedying the current lack of data surrounding activity at the checkpoint and documenting such activity in order for the information to be used to assess the checkpoints from a cost-benefit standpoint. Second, and somewhat an additional function of the ombudsman, this Note recommends that Congress and/or the Department of Homeland Security implement a readily-accessible complaint forum for individuals who suffer constitutional grievances at the checkpoints. Third, this Note recommends that border patrol adopt a monitoring system for regular travelers; namely, a mirror-like SENTRI system that requires extensive background checks and readily apparent ways for border patrol to identify trustworthy individuals at the checkpoints. Finally, this Note recommends that even if Congress or the agencies mentioned in the discussion fail to implement reformative measures to curtail abuse at the checkpoints, the United States Supreme Court should intervene in a future case involving the application of fundamental constitutional rights at the checkpoints in order to clarify whether it intended the checkpoints to effectively operate as crime checkpoints rather than immigration checkpoints. The former has resulted in millions of individuals forgoing the exercise of their constitutional rights within the United States at the mercy of the powerful arm of the government.

Dispersed Losses in Tort Law – An Economic Analysis

From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit. This is mainly true because of rational apathy, free-riding problems and information asymmetries. In this paper we assess various funding and insurance options that are available with a view to improving the individual’s risk ratio and the potential of out-of-court dispute resolution mechanisms to capture small claims. Next, we consider the attribute “widespread” and, therefore, look at any solution that would involve grouping claims, thereby leading to cost-reductions for the individual. Public law enforcement functions in a way similar to grouping claims because a collective matter is dealt with in one proceeding and individuals are relieved of (most of) the litigation costs. Combinations of public and private means are likewise possible. Throughout the analysis we will differentiate cases of small and widespread and very small and widespread harm. For the latter the threat of collective compensation claims is neither credible nor economically feasible. This calls for an investigation of alternative remedies to compensation, such as skimming off procedures, fines or punitive damages that uphold the deterrent effect. In addition to the theoretical analysis, we will refer to current EU policy where applicable.

PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System)

Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement

Cross Compliance as payment for public goods? Understanding EU and US agricultural policies

Cross Compliance (CC) is a mechanism for encouraging farmers to fulfill certain environmental conditions in return for governmental support payments. Introduced to United States (US) and European Union (EU) agricultural policy from the 80s onwards, upcoming new US (Farm Bill 2012) and EU (Common Agricultural Policy after 2013) policies will include CC. Cross Compliance is seen (i) as a policy for enforcing environmental objectives or (ii) as a way to organize and reward agricultural public good production. In recent years, the instrument's effectiveness and efficiency have been criticized. To validate the deviating understandings, we drew back on an economic institutionalist perspective. We found that regarding EU CC as payment for public goods does not generally align with the existing German property rights distribution. In both the EU and US, CC standards above those contained regulatory law have characteristics of a payment for public goods but create severe problems. We conclude that CC, even if useful for triggering and broadening environmental protection efforts, may cause several long-term problems. Therefore, the rights structure should be clearly communicated, law enforcement function should be temporary, the instrument should be included in an overall concept, and payments should be better linked to the environmental output.

Copyright Law Enforcement in Online Environment

Among a variety of enforcement strategies, copyright law enforcement function as strongest safeguard to control and eliminate copyright infringement. As traditional strategy, copyright law enforcement is fundamentally distinguished from the first type by DRM system. Because copyright law enforcement is primarily operated by judicial system and government agencies, such type of model is more powerful and overwhelming than the technology-based DRM system with respect to online copyright enforcement. In general, the copyright law enforcement system remedy the losses of copyright owners and punish infringement as an ex post enforcement strategy. Although both judicial system and the enforcement by government agencies require certain procedures and additional costs to copyright owners, the legal protection provided by copyright law enforcement is usually ultimate and determinative. Due to the reliability, copyright owners have long relied on copyright law enforcement as the major strategy to enforce their copyright throughout history. The copyright law enforcement is not a single definition. Rather, the law enforcement generally consists of civil remedies and criminal enforcement. Basically, civil remedies are granted by courts under judicial system pursuant to copyright statutes. Criminal enforcement, on the other hand, is the result of cooperation by government agencies and courts.

Understanding the limits of judicial review in European competition law

This article aims to contribute to better understanding of the scope of judicial review in European competition law. It does so by exploring its boundaries and highlighting the different functions of judicial review and competition law enforcement. On the one hand, the European courts have to protect citizens’ rights. Fit for this purpose, Article 263 Treaty on the Functioning of the European Union (TFEU) provides a comprehensive way to review the law, the facts and their appraisal. However, on the other hand, courts are not competition authorities. This raises some limits for judicial review. First, courts are entitled to annul the Commission’s decision, but as a rule they cannot pronounce on the merits of the case. Second, courts can annul discretionary decisions when they do not conform with the legal framework, but cannot substitute their own discretion for that of the European Commission. Third, judicial review can eventually be limited to control whether the Commission made a manifest error in the assessment of complex and technical issues. Fourth, in spite of the unlimited jurisdiction (Article 261 TFEU), in fact courts give the European Commission significant leeway in the application of fines.

Новації у визначенні злочинних проявів у радянській Україні за умов лібералізації суспільства хрущовської доби

The liberalization of society during the Khrushchev's time renewed the social reflection about the norm and deviation. The sense of these definitions was not so obvious and understandable for all as they were during the Stalinization of the Soviet country. Official critic of the previous system of ruling the country, mitigation of criminal and political repression, refusal of criminalization of minor deviations, amnesties (political and criminal), change the activities of law enforcement agencies, which was involved in the struggle against anti-social behavior - all of this moments was the part of a general changes in the country and specific changes in the system of law relations between the government and the people in the Soviet Union.In time of the Khrushchev's social liberalization were liquidated a strict social filters which before this time gave a possibility to successfully demonstrate the low crime rate and superiority of socialism. Innovations in the relationship between the people and the State in the second half of the 1950s - early 1960s led to the emergence of new forms of criminal activities and methods of crimes. It was a time when comes the phenomenon of tsehovic as private activity wich was integrated into the Soviet economic system, have been significantly extend petty theft from state enterprises (which was grown into the phenomenon of nesuny in Brezhnev's time), were organized systematic embezzlement and theft of state property. The organized crime, theft of state property, speculation, alcoholism and related offenses disorderly conduct became a main problem of the law enforcement activity at that time.In 1960s fully manifests itself the problem of a new generation. Parents obviously tried to give for their children another life, without horror of war and the struggle for existence. On the one hand, this situation to formed the good position for a successful career for young people, which have very different starting positions than their parents. On the other hand this situation caused the mood of rejection, the desire to be outsider, to live of the distance from the system in its sole discretion and by its own rules. Last point of view forms the political dissent, economic deviation and the social parasitism.Crime statistics are demonstrated that the level of crime was depended of the objective and the subjective factors. Both wave of crime - in 1957-1958, and in 1961 conditionally distinguished the different stages in the penal policy of the State - the liberalization of the Stalinist penal system and to involving a wide range of social structures to implement the law enforcement function, and then - return to harsh measures for maintain of social order.

Principles of the Law-Enforcement Function of the State: Administrative and Legal Aspects

Principles of the Law-Enforcement Function of the State: Administrative and Legal Aspects

Institute of bishop in the system church canonical rights for Byzantium: judicial and protective-legal functions

In the article the judicial and law-enforcement functions of bishop are determined in the system church canonical rights for Byzantium. Institute of bishop in the system church canonical an author examines rights for the Byzantium empire as a result of historical evolution of development of external and internal functions of Church. Administrative-legal analysis of processes, events and phenomena, which characterize attitude of the state toward religion and Church, to the separate church institutes, expansion certifies of sphere of own plenary powers last.

Традиційне та новаційне в протидії злочинним проявам у радянській Україні за умов лібералізації суспільства хрущовської доби

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect.The next wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.).And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty.The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell.One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.).Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population.On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures.These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to double standards, the imbalance between what is declared and what actually happened.

Watching the Watchers: The Growing Privatization of Criminal Law and the Need for Limits on Neighborhood Watch Associations

On the night of February 26, 2012, George Zimmerman, member of neighborhood watch program, was patrolling his community in Sanford, Florida when he spotted Trayvon Martin, 17-year-old African-American high school student, walking through the neighborhood. Zimmerman called 911 and indicated that he was following a real suspicious guy. Zimmerman then disregarded the police dispatcher's request that he discontinue following Martin and approached the teenager. In the resulting confrontation, Zimmerman used his legally-owned semi-automatic handgun to shoot and kill Martin. Martin had been returning from local convenience store to his father's fiancee's house, where he was spending the night. He was unarmed. George Zimmerman is currently being charged with second-degree murder. It is unclear whether Zimmerman will be proven guilty of the offense, but what is certain is that despite the fact that Zimmerman was engaged in law enforcement activities, Zimmerman's conduct in approaching and confronting Martin is not governed by the same constitutional restrictions that limit the actions of police. The Fourth and Fifth Amendments that restrict police in detaining, searching, and interrogating suspects do not apply to neighborhood watch organizations. At the same time, in many states neighborhood watch members can carry firearms and are protected under Stand Your Ground laws from having to retreat when confronted by suspect. Thus, neighborhood watch members wield significant authority, but with neither the training that police officers receive nor the restrictions that govern their conduct. While neighborhood watch groups, just like police, perform valuable service to the community, they are also in need of statutory oversight and restrictions, just like the police. This Article proposes statutory provisions that could effectively address the problems posed by the growing privatization of criminal law enforcement as it relates to neighborhood watch associations. By enacting statutes that limit the abilities of neighborhood watch members to confront suspects, mandate training for those engaged in law enforcement activities, and expand the exclusionary rule to bar evidence seized illegally by private citizens engaged in law enforcement functions, legislatures would better ensure that due process guarantees are not abandoned when private actors participate in law enforcement activities.

The Comparative Technical Efficiency of Florida Campus Police Departments

Formal police departments comprising sworn officers have been increasingly utilized on college campuses, but to date there is little empirical research on their comparative performance outcomes. The present study is the first known to analyze the technical efficiency of these departments using data envelopment analysis. Using data from 2008 to 2010, the Florida university police departments are compared to their local municipal counterparts as well as the departments that comprise the North Carolina university system. The results reveal that Florida campus police departments are far less efficient than the municipal agencies they are modeled on, yet more efficient than the North Carolina campus departments on the same measures though efficiency has decreased in all three samples over the 3-year period. These results are used to analyze the security versus law enforcement functions of campus police in general. Specifically, these outcomes are intended to inform campus policy makers and show the need for th...

E-safety education: Young people, surveillance and responsibility

This article presents the findings of an analysis of ‘e-safety’ education material currently made available to UK schools, and currently being delivered to children and young people between the ages of five and 18. E-safety refers to the way that young people are taught about risks online, how they can protect themselves, and to whom they should report worrying activity. The article is grounded in a political understanding of education as a political strategy, and one that is conducted by multiple actors, including policing agencies. The article therefore relates e-safety education to a broader politics of surveillance, crime prevention and governmental rationalities and techniques. Formal education does not determine, but likely influences the perceptions of young people towards the digitally mediated environment – including roles of authority, appropriate behavioural norms and risk perception (currently dominated by the threat of child sexual abuse). The most commonly used and disseminated e-safety education material is that produced by the Child Exploitation and Online Protection Centre. This article examines the role of a policing agency in delivering education, one that also functions as an agent of digitally mediated surveillance in its law enforcement functions. Education is an explicit strategy of political actors involved in the politics of digitally mediated surveillance.

Measuring the Performance of an Anticorruption Agency: The Case of the KPK in Indonesia

When corruption is entrenched and endemic in a country, the establishment of an anticorruption agency (ACA) is one of the most recommended anticorruption strategies. While creating an ACA is regarded as a stepping stone in the fight against corruption, how to make an ACA effective by institutionalizing its law enforcement functions is more critical. This is particularly the case in the early years of a newly created ACA. This paper examines the effectiveness of anticorruption law enforcement functions of the KPK, Indonesia’s ACA that was created in 2003, and identifies key challenges that lie ahead of the KPK. By adopting key performance indicators, this paper finds that the KPK has been successful in carrying out three-pronged anticorruption strategies— repression, prevention, and public relations, which is congruent with strong public support of and trust in the KPK. However, the KPK faces several challenges posed by inherent structural limitations and external political forces that may threaten the efficacy of the Commission’s anticorruption functions. While the public has to show continuous strong support of the KPK, the Commission must effectively perform legally mandated and socially expected anticorruption functions with high integrity and discipline in order to become a de facto ACA.

Parole Officers and the Exclusionary Rule: Is There Any Deterrent Left?

This article argues that the exclusionary rule should apply to parole revocation hearings. I argue that the Supreme Court’s decision in Pennsylvania Board of Probation and Parole v. Scott is contrary to the purposes of the exclusionary rule and eliminates any effective deterrent to parole and police officers searching parolees, especially when the officers already know that the individual they are searching is on parole. I highlight how the role of parole officers has evolved from their original role of assisting parolees through rehabilitation, to performing primarily a law enforcement function of supervision. Thus, because the role of a parole officer is essentially one of a law enforcement official, I argue a similar need exists to deter their misconduct.