Law Enforcement Positions Research Articles

Право на защиту в уголовном судопроизводстве: проблемы пробелов законодательной регламентации

The author of the article is subjected to a problematic analysis of some gaps in the criminal procedure legislation and the practice of its application in terms of ensuring the right to protection of a person, without granting him the status of a participant in the defense (suspect/accused). The study focuses on the fact that the law enforcement positions of the Constitutional and Supreme Courts of the Russian Federation, which clarified in 2000, 2015 and 2016 the right of an investigative body to criminal prosecution, without making a special procedural decision, have not so far brought any clarity to the mechanism of its implementation. This issue has not been worked out in the current legislation either. According to the author, the lack of legislation in this part significantly detracts from the constitutional right of an individual to protection in criminal proceedings. According to the results of the study, the author makes some suggestions for improving legislation.

Aspirations of Hispanic criminal justice students to join law enforcement: an empirical investigation

This study investigates the job preferences of criminal justice (CJ) students and potential factors that may impact their application for law enforcement positions. Existing research has shown that factors like gender, race, and class standing influence career choices among CJ majors. To contribute to this body of knowledge, this study focuses on CJ students’ attitudes toward the police and willingness to engage in community policing programs. The research examined 231 CJ students in a Hispanic serving university situated along the US-Mexican border. Research findings indicate that CJ students are less likely to pursue law enforcement careers if they hold less favorable attitudes toward the police or are unwilling to participate in ride-along programs. The study concludes with policy implications.

LEGAL REGULATION OF ACCESS TO TECHNOLOGICAL INFRASTRUCTURE IN THE FUEL AND ENERGY SECTOR

The article analyzes the doctrinal foundations of technological connection as an institution of energy legislation, as well as its main features and problems of law enforcement. At the same time, the multidimensional nature of this institution is emphasized, in particular, including technological, economic and legal aspects. The expediency of legislative consolidation of the right of access to energy infrastructure for consumers of energy and energy resources, which must be distinguished from factual (technological) actions aimed at its implementation, is shown. The possible cases of denial of access to technological infrastructure and their consequences are analyzed, the need for regulation of such consequences for network and resource transportation organizations is shown. From the doctrinal and law enforcement positions, the question of the legal nature of the technological connection agreement is investigated, while the impossibility of its legal qualification as a sui generis contract is shown. The legal qualification of the contract for technological connection is related to the issue of the customer’s right to unilaterally refuse to execute the contract for technological connection, which is an important element of its legal status. When studying the issue of alienation of the right to the connected capacity, it is concluded that its alienation is permissible, provided that mechanisms are created to prevent abuse of the right in this area.

ЕФЕКТИВНІСТЬ ЗАХИСТУ ПРАВ ТА ІНТЕРЕСІВ ОСІБ СУДАМИ У СФЕРІ ФІНАНСОВОГО КОНТРОЛЮ ЯК ПІДСТАВА ОБМЕЖЕННЯ СУДОВОЇ ЮРИСДИКЦІЇ

The tasks of the article are to characterize the main law enforcement positions on the certain issues of financial control in Ukraine and to identify both positive and negative consequences for the formulation of scientifically based proposals for amendments. The judicial practice of Ukraine in law enforcement consistently defends the principle of «self-limitation» of jurisdiction by recognizing as not subject to consideration and resolution by the courts a number of lawsuits, the applied methods of protection in which will not ensure effective protection of the rights, freedoms and interests of individuals. The formal justification of this concept in the field of state financial control does not provide sufficient grounds for unquestionably agreeing with its application, because as a result, a person is in legal uncertainty for a long time regarding the final legal assessment of the results of his/her activities by a supervisory body, with which he/she does not agree. The idea of gradually postponing the resolution of the dispute about the results of control activities at the next stages of the procedure in practice turns into the lack of an opportunity for operational protection of the person, the complication of the subject of proof in the framework of court proceedings, which does not correspond to the principles of procedural economy. It is in these conditions that a violation of the guarantees of the right to an effective means of protection in the national legal system (Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms) should be established, since the exclusion of the court’s jurisdiction leads to the actual leveling of the content of the right to a fair trial and legal protection. And therefore, at least in the above categories of cases (regarding acts or other documents drawn up as a result of inspection (control) measures; claim of controlling authority for the compensation for damages as a result of the measures of state financial control; about factual and documentary grounds for carrying out the measures of state control in the financial sphere after admission to the inspection) there are normative and factual prerequisites for changing the practice in favor of the possibility of filing appropriate lawsuits and their consideration by administrative courts.

Polygraph Testing and Social Intolerance: A Warning to Examiners Outside of the United States

Abstract The use of polygraph testing in the applicant screening process for law enforcement positions is widely accepted in the United States and elsewhere. Generally, that testing includes questions related to past behaviors such as involvement in criminal activity, use of illegal drugs, falsified background information, employment misconduct and so forth. More recently some have advocated that such testing ought to include questions related to ‘social intolerance.” In this paper we argue that testing for such ‘intolerance’ is highly objectionable and is likely to encourage efforts to prohibit polygraph testing, especially so outside of the United States.

Incremental Validity of the Multidimensional Personality Questionnaire in the Preemployment Assessment of Police Officer Candidates

Guidelines for screening public safety personnel candidates, including law enforcement positions, incorporate the use of separate psychological tests for assessing normal and abnormal functioning. We evaluated the incremental validity of the Multidimensional Personality Questionnaire (MPQ)—a measure of normal personality traits—beyond the Minnesota Multiphasic Personality Inventory–2 Restructured Form (MMPI-2-RF), a measure of psychopathology, using a sample of 1,687 candidates for law enforcement positions. They were clinically rated on 10 psychological suitability dimensions. For a subset of those who were subsequently hired as police officers ( n = 397), we also had post-hire outcome data. Using hierarchical nonlinear regression analyses, we found that the MPQ scales incremented the MMPI-2-RF scales in the prediction of 17 of 19 variables in this study. Our results indicate that the MPQ, as a measure of normal personality, provides unique information about psychological suitability and predicts negative post-hire outcomes in police candidates.

Examining the Validity of the Multidimensional Personality Questionnaire in the Assessment of Police Candidates.

A well-validated test of normal personality functioning is necessary in preemployment evaluations of candidates for public safety positions. In this study, we evaluated the construct validity and predictive validity of one such measure, the Multidimensional Personality Questionnaire (MPQ), in a large sample of candidates for law enforcement positions. We examined associations between MPQ scale scores and biographical data, clinician suitability ratings on the 10 established California Commission on Peace Officer and Standards and Training (POST) psychological screening dimensions, and (for a subsample) posthire performance outcome data. MPQ scores generally demonstrated a conceptually expected pattern of associations with criterion variables, supporting their construct validity. Scores related to negative emotionality were particularly salient predictors of a range of POST-10 suitability ratings. Scales assessing aspects of positive emotionality, impulsivity, as well as absorption, emerged as the best predictors of posthire performance problems.

Dave Didn't Have To Die: On Health Care For Homeless Patients.

A writer watches a homeless man's health decline because of a lack of care.

Making and Breaking Careers: Reviewing Law Enforcement Hiring Requirements and Disqualifiers

With an increasing number of students entering criminal justice programs across the country, the majority of students are looking to pursue a career in law enforcement. While many students graduate college equipped for the law enforcement job market, some are unprepared for the scrutiny and depth the law enforcement hiring process requires. Using LEMAS data and a content analysis, this article reviews local and federal law enforcement agency websites and investigates specific job requirements, as well as noted disqualifiers, for both local and federal law enforcement positions. Furthermore, this article offers suggestions to criminal justice educators for assisting students in being prepared for realistic employment opportunities in the criminal justice field upon graduation.

Recruiting for Diversity in Law Enforcement: An Evaluation of Practices Used by State and Local Agencies

This study analyzes several law enforcement agencies to (a) determine levels of representation of racial minorities in the law enforcement profession and (b) identify the marketing strategies being used during recruitment campaigns to locate, attract, and hire racial minorities to sworn positions. Responders answered questions regarding levels and areas of marketing techniques, sources of community outreach, recruit eligibility requirements, and other factors considered during recruiting campaigns. Results indicate low levels of informational distribution to, and contact with, critical core constituencies and institutions in minority communities. These findings may have implications for the numbers of minorities who are eventually hired for law enforcement positions.

Policing in Korea: Why Women Choose Law Enforcement Careers

Although women account for over 50% of employed persons in South Korea, women in policing comprise approximately 3.8% of all sworn law enforcement positions throughout the country. Clearly, women are underrepresented in policing in many countries, but the relatively small number in law enforcement careers in Korea provides an opportunity for research about the demographic and attitudinal factors that motivate them to pursue such a career. In this study, we focus on a sample of 220 Korean female police officers. The present study sought to address 3 central research questions: (a) the background of the respondents, (b) the major reasons for career selection expressed by female police officers, and (c) the relationship of years in policing to the reasons for the respondents’ career selection. Results suggested that women are in policing not only because it is an exciting profession but also because they feel that they have the ability to do the job and do it well. These data illustrated the importance of surveying women in order to enhance the recruitment and retention of female law enforcement officers.

Federal Law Enforcement Careers: Laying the Groundwork

Students studying criminal justice are often interested in careers in federal law enforcement; however, many students are unaware of the wide array of opportunities at the federal level and the requirements for various law enforcement positions. Further, an increasing number of faculty in criminal justice and criminology do not have a background in law enforcement sufficient to advise students on federal law enforcement job opportunities. The present work addresses that concern, in part, through examination of the various opportunities and qualification requirements for federal law enforcement jobs. A particular emphasis is placed on Series 1811 Criminal Investigator positions, and a cursory examination of federal‐level careers in forensic science and profiling is offered.

Job Characteristics of Officers and Agents: Results of a National Job Analysis

A national job analysis of officer and agent law enforcement positions in a large federal agency was conducted to identify the most critical job characteristics as a foundation for follow-on development of medical standards. The study employed factor analysis to identify 82 high-priority job requirements. A comparison of officer and agent job characteristics showed that any systematic difference in high-priority job requirements between the two groups was minimal. Using factor analysis in conjunction with a qualitative technique such as focus groups provides a systematic and supportable method for isolating the important job characteristics of law enforcement positions.

Drug‐testing police officers and police recruits

The purpose of this article is to explore the issue of drug use among police officers and police recruits. Data from two large police agencies were used in this analysis. Results of the two most popular drug screens (urinalysis and hair analysis) in the identification of drug‐involved individuals, who are either currently employed in or applying for law enforcement positions, are presented and discussed. It is found that there is an identifiable group of people in policing which appears to be drug‐involved. It also appears that, at least in some situations, and for rapidly excreted drugs like cocaine, the use of urine may be producing underestimates of these groups. The data support the idea that policing agencies may want to consider using multiple drug‐testing modalities in order to maximize the identification of different drugs, whose characteristics can be an important consideration in interpreting drug test results.

Retaking ability tests in a selection setting: implications for practice effects, training performance, and turnover.

This field study investigated the effect of retaking identical selection tests on subsequent test scores of 4,726 candidates for law enforcement positions. For both cognitive ability and oral communication ability selection tests, candidates produced significant score increases between the 1st and 2nd and the 2nd and 3rd test administrations. Furthermore, the repeat testing relationships with posthire training performance and turnover were examined in a sample of 1,515 candidates eventually selected into the organization. As predicted from persistence and continuance commitment rationales, the number of tests necessary to gain entry into the organization was positively associated with training performance and negatively associated with turnover probability.

What Do College Students Think of Policewomen?

Police departments across the United States now commonly require new recruits to possess either a two— or four-year college degree before admittance to the academy. As such, the pool of applicants for law enforcement positions is now centered in our nation's colleges and universities. At the same time, many departments are making conscious efforts to increase both the number of female officers on patrol duty and in administrative/management positions. Given these organizational changes in a traditionally male-dominated profession, the present research assesses the attitudes of 835 undergraduate students at a midsize, state-supported university in the Northeast toward women in the field of policing. Results are compared with similar research from the 1970's and 1980's, and conclusions are drawn regarding the present attitudes of future law enforcement personnel.

Using the good cop/bad cop profile with the MMPI-2

The Minnesota Multiphasic Personality Inventory (MMPI) has been widely used in a variety of ways to screen candidates for law enforcement positions. This study extends the use of the MMPI Good Cop/Bad Cop (GC/BC) profile (Blau, Super, & Brady, 1993) to the MMPI-2. The MMPI-2 profiles of 39 veteran police officers were used to predict their performance (No Apparent Problems, Borderline, or Serious Problems Possible), and these predictions were compared with supervisors’ ratings of the officers’ actual performance. The MMPI-2 predictions were accurate for 46% of the officers, a rate that was significantly better than chance (p=.024). Based on the current data, the best selection outcome would be obtained by accepting officers whose MMPI-2 profiles place them in the No Apparent Problems or Borderline groups, and rejecting officers whose profiles suggest Serious Problems Possible. This could be accomplished simply by rejecting any officer who obtained a score above 65T on any of the clinical scales. This selection strategy would have resulted in the acceptance of 22 officers, 19 of whom were highly rated by their supervisors, and the rejection of 17 officers, 11 of whom were rated as borderline or poorer by their supervisors. It would also result in the erroneous rejection of 6 officers who were highly rated by supervisors.

Swedish police selection and training: issues from a comparative perspective

Compares the relationship of selection and training of police officers in Sweden and the USA. The ability to identify stable, effective police officers continues to baffle police administrators. The selection of US police officers has become a complex procedure that often requires six months to complete, consuming a great deal of the department’s recruiting resources. In spite of such intricate investigations, rates of dropouts in recruit training and termination for misconduct is high. In Sweden, law enforcement is considered one of the highest regarded professions. More than 8,000 individuals compete for the approximately 400 law enforcement positions filled annually. In comparison to most US police departments, Sweden’s selection process appears simplistic; however, a minute number of officers have been lost through terminations or drop out from training. The current study compares the relationship between the Swedish community’s perception of the police, the ability to select from a large pool of applicants, and an elaborate three‐year education/ socialization period with the US public perception of the police, an intricate selection process, and relatively short training period. Implications of the potential changes in Sweden’s selection and training process are also discussed.

An Inquest on the Cook County Coroner

The office of coroner is one of the oldest law enforcement posi tions in the common law system of justice, antedating the office of sheriff and the expanded role of the judiciary. Carried into modern law, it is considered a corrupt office by some, while others see it as an effective check and balance on public officials in vestigating deaths.