Legal Officials Research Articles

The Formulation Of Community Policing Strategy To Settle Criminal Cases (Within community policing perspective)

It is stipulated in the Criminal Law that only crime by accusation can be abrogated. On the other hand, common criminal cases must be processed within criminal justice system although it is only a minor legal offense. However, reality shows that minor legal offenses have often been put into a crime trial and community has often reacted against such a practice. This stimulates crime investigators to invent more peaceful ways to settle minor legal offenses although such ways are not acknowledged in criminal laws. Therefore, the Indonesian National Police have searched for a breakthrough to settle minor offenses by applying ADR in the form of penal mediation which puts the formulation of community policing strategy as the leading elementKeywords : Formulation, Community Policing, Settle Criminal

Putting my grad school angst to use.

My phone rings right when I'm about to leave work, as if the person on the other end has been debating the call all day. On the line is a graduate student. At first they are hesitant to talk, but they loosen up when I assure them their question is reasonable and their dilemma is common. The emotion in their voice makes it clear that just going over university guidelines won't be enough. We talk for about 30 minutes, discussing the details of their research. But I am not the student's supervisor or academic adviser. I am a research integrity officer—and I relate to this anxious voice because, not too long ago, it could have been me. ![Figure][1] ILLUSTRATION: ROBERT NEUBECKER Six months before my Ph.D. thesis was due, I faced a dilemma. The data I had collected over two and a half years made me seriously doubt my main hypothesis, which was based on previous research in my lab—dutifully carried out but perhaps misinterpreted. In my time as a graduate student, I had always worried about unknowingly breaking research rules, such as being too attached to an idea or overselling my findings. This tendency to ruminate led to many philosophical discussions with my patient, supportive supervisor about how scientific research is—and should be—conducted. Now, I had to make a decision: Would I continue down the path I had laboriously cleared for myself, even though I suspected my conclusions would be flawed? Or would I embark on an investigation of the uncharted territory my results pointed toward, knowing that I might end up with no meaningful data on which to build my thesis? After a summer holiday on the beach spent thinking and discussing my doubts with a friend and fellow researcher, I chose the latter. Running out of time seemed preferable to producing flawed conclusions. I spent weeks in the darkness of our microscopy room, collecting preliminary data to convince my supervisor that our previous interpretation was wrong and a very different conclusion made more sense. I was terrified that nothing would come of it, but I also felt the excitement of discovering something novel. I ended up with a less coherent thesis than I had envisioned, but I was proud that it told an honest story about the way science goes sometimes. Then it came time to find a job. Long before starting the hunt, I had decided that a research career was not for me. Although I wholly enjoyed my Ph.D. experience, I recognized that my tendency to ruminate made me an inefficient scientist. So I looked for opportunities that would keep me out of the lab but still close to research. While trawling through job listings, I was surprised to come across one in which I would be paid to grapple with the same questions that had haunted me during my Ph.D. The title was something I had never heard of before: research integrity officer. So, what is a research integrity officer? I get closer to answering that each day. I teach courses about good scientific practice and keep myself informed about ethics policies that may affect our researchers. I answer questions from Ph.D. students and professors alike, providing assurance and guidance as best I can. It helps that my own research experience is fresh in my mind. I recall the thrill of results that may cause you to forget about rules and formalities, as well as the sincere wish to do things right and not undermine the reason we do research in the first place: to get as close to a truth as possible. The main thing I have had to get my head around is that I cannot know everything. Like the researchers I counsel, I have to keep educating myself, keep an open mind, and be humble. I seek advice from legal officers, more experienced administrators, and—not least—the researchers themselves. In this way, I hope to contribute to a more honest, transparent, and accountable scientific community—just what my anxious graduate student self wanted. [1]: pending:yes

The Law Officer (LO) and Compliance Officer (CO): Status, Function, Liabilities, and Relationship

The rise of Compliance officers (COs) has raised questions about their status in institutions and comparisons to the Legal Officers (CLOs). While both officers deal with law and its enforcement, their functions and positions differ in fundamental ways. And while LOs position is recognized, the status of COs is evolving. However, these differences are slowly becoming clearer. 1. While the LO’s function is to provide legal advice to the institutional client, the CO’s function is to (i) evaluate the institution’s activities before violations take place and (ii) help prevent violations of the law by the institution. The CO should detect and help prevent institutional violations, avoiding the need to defend the client. Therefore, COs and LOs might focus on different issues and provide different advice to clients.

Impact of a comprehensive copay assistance and drug recovery system in a community cancer center.

121 Background: The cost of oncology drugs has escalated rapidly while rollbacks in health care coverage and the emergence of high deductible and limited policies have made these drugs unaffordable for many. Many pharmaceutical companies offer drug replacement for those uninsured or for whom coverage is inadequate. Previously Bon Secours St. Francis Cancer Center (BSSFCC) had contracted with a third-party to recover replacement drug from these pharmaceutical programs. In 2017, we opted to suspend that third-party contract and take the process internally. Methods: BSSFCC is located in Greenville, SC. Nearly1500 new cases of cancer were diagnosed in 2016, of which, 3.5% are uninsured. We hired 2.5 FTE's to manage our drug recovery program. After clearance with legal and compliance officers, limited power of attorney was obtained to pursue these efforts on the patients’ behalf. Patients who had no drug coverage, inadequate coverage, or off-label denials were identified at the time of chemotherapy education, pre-authorization, or by after-the-fact processing of claims. Our efforts at drug recovery are noted below. Results: We recovered drug for 71 patients during fiscal 2017. The total cost of those recovered drugs was $3.25 million. This compared with $389,000 recovered by our third-party vendor (pre-commission) in FY 2016. $842,000 of drug replacement were for off-label use in insured patients, while $587,000 represented use in the uninsured. The remainder represented replacement drug for those with inadequate drug coverage and an ipilimumab replacement program for adjuvant therapy for melanoma. Conclusions: Embedding a process within a community cancer center to manage drug recovery for the un- and underinsured proved to have a substantial return on investment. The drug expenses which had to be written off were decreased substantially but most importantly, our ability to replace drug with some reliability allowed many of our patients to receive effective therapy that otherwise would have been cost prohibitive. Although the ability to recover drugs in this fashion is both helpful and appreciated, our program does nothing to rein in the unsustainable rise in the cost of cancer care.

HERMENEUTIC PRINCIPLES OF GENERAL JUSTICE IN CIVIL CASES

In the dispute of civil cases filed to the judiciary, the justice seekers seeking justice through the court hope to be able to do it quickly and lawfully. However, in reality the process through the judiciary is not as hopeful, as the principle of justice should be done simply, quickly and costly. The purpose of this paper is to understand the application of the principle of justice done with a simple, quick and light cost with the method of approach used in this study is the normative-empirical law research is a combination of normative legal research with empirical law research. The principle of the judiciary set forth in Article 2 paragraph (4) of Act Number 48 of 2009 on Judicial Power, should be done simply, quickly and lightly and efficiently and effectively and not ruling out precision and accuracy in seeking truth and justice. The application of the principle of justice depends to a great extent on the legal officers of such bodies, especially in the courts and the supreme court of the administrative authorities as well as of the judges handling cases.

The application of technical means of fixation of legal offences by police and the use of the evidence information by the court: the comparative analysis of Ukraine and Spain

The application of technical means of fixation of legal offences by police and the use of the evidence information by the court: the comparative analysis of Ukraine and Spain

A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals

AbstractWhat role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use and functions of citations to scholarly writings in the judgments of international criminal courts and tribunals. Using a mixed-methods approach, the article combines: a) a quantitative analysis of judgments interpreting the law of war crimes across four international and hybrid courts; with b) qualitative interviews with judges and legal officers at the International Criminal Court (ICC), thead hocTribunals, and the Special Court for Sierra Leone (SCSL). The article argues that scholarly writings have been strikingly visible in the judgments of international criminal courts and tribunals, and especially at the ICC, which entails significant implications for the functions of academic writings and the role of international legal scholars.

O “direito” de falar em pleitos: o gênero nos códigos jurídicos afonsinos

Resumo: Este artigo não é uma tentativa de estudar a vocalidade ou a oralidade em textos escritos e jurídicos assumidos por figuras femininas. Embora isso seja importante, dentro dos limites metodológicos do que sugerem as documentações que analiso, o que tenho em mente é saber se, como e por que as diretrizes de gênero atuaram de maneiras transversais nos discursos produzidos pela legislação do governo de Afonso X (1252-1284), sobretudo no que toca a determinadas atividades, práticas ou ofícios jurídicos que estão direta ou indiretamente associados à credibilidade do falar ou do uso das palavras. A proposta aqui é testar as possibilidades da proposição de uma História Institucional de Gênero, combinando o campo da História Cultural do Direito Medieval e os Estudos de Gênero. Discutimos as interseccionalidades ou transversalidades constituídas entre relações de poder e processos de significação, isto é, a “d(en)ominação”.

Law’s Argumentative Structure Belies the New 'Moral Impact' Theory of Law

The new Moral Impact Theory (“MIT”) of law is novel, innovative, and influential. It claims that the moral impacts of legal institutional actions, rather than the linguistic content of any “rules” or pronouncements, determine law’s content. MIT’s corollary is thereby that the practice of legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. First, it is not practicable to predicate law’s content on the ability of legal officials to resolve moral controversies. Second, it would be impermissibly uncharitable to claim that participants in the legal system commit widespread error in rejecting a moral argument as a focus of legal interpretation. Third, MIT ultimately rests on a confusion between two levels of thought, the intuitive and the critical, the latter being the deliberative level at which moral and legal thinking diverge. Fourth, because no two cases are precisely alike, and owing to the open texture of natural language, extra-jurisdictional “persuasive” and “secondary” authority permeates legal argument; yet, nearly by definition, such writing cannot have engendered significant moral impacts in the home jurisdiction. Fifth, one way or another, we arrive at linguistic contents.

THE PATRONAGE PRESS AGAINST THE PROBLEM OF THE SOCIAL PATHOLOGIES IN POLAND AND ABROAD AT THE TURN OF THE XIX AND XX CENTURIES

KRASIŃSKA Izabela – Doctor, Institute of Journalism and Information, Humanities Department, Jan Kokhanovsky University, ul. Svetokrzyska, 21D, Kielce, 25-406, Poland (izabela.krasinska@ujk.edu.pl)ORCID: http://orcid.org/0000-0002-5897-9333DOI: https://doi.org/10.24919/2313-2094.7/39.140934To cite this article: Krasinska, I. (2018). Prasa patronacka wobec problemu patologii spolecznych na ziemiach polskich oraz za granicą na przelomie XIX i XX wieku [The patronage press against the problem of the social pathologies in Poland and abroad at the turn of the XIX and XX centuries]. Liudynoznavchi studii. Seriia «Pedahohika» – Human Studies. Series of «Pedagogy», 7/39, 145‒159. doi: 10.24919/2313-2094.7/39.140934 [in Polish].Article historyReceived: 13 April 2018Received in revised form: 4 June 2018Accepted: 10 July 2018Available online: 12 September 2018 Abstract. At the turn of the XIX and XX centuries, a new group of the periodical publications appeared, i.e. the so-called the letters of the patronage. They were the response of the Catholic Church to the rise of socialist influence among the workers and the peasants. In their pages there were mainly didactic and moralizing articles. The letters of the patronage were addressed to relatively homogeneous social groups. Their undoubted merit was that they served the theoretical and practical help to many women who came mainly from the villages or the towns. They were mainly servants and villagers. The letters of the patronage were also addressed to the working-class families. Their editors often created very useful institutions, such as: legal advice offices, job placement, night shelters, sewing rooms, laundries, Sunday and evening schools, and even various courses were organized there. The letters of the patronage were closely connected with the association activity, for example with the Polish Union of the Catholic Women or the Association of the Catholic Servants under the invocation of Saint. Zyta. The patronage press was often the only one for readers from the lowest social groups. The first patron’s magazine should be considered as the «Przyjaciel Slug» (Friend of the Servants) (Krakow 1897–1918). This group of letters also includes «Niewiasta Polska» (Woman of Poland) (Krakow–Lwow, 1899–1907). The aim of the article is to try to answer the question how the creators of these most popular patron’s periodicals perceived the causes of the pathologization of the social life in Poland and abroad, mainly alcoholism and prostitution, and what actions were taken to prevent this undesirable phenomenon. From the columns of the periodicals the reader could, for example, learn about various offenses, including crimes that occurred in the world and in Galicia region as a result of alcohol consumption, be informed about the forced treatment of alcoholics in England by placing them for three years in special facilities. This was especially true of people who, under the influence of alcohol, broke the law and committed misdemeanors. Due to the fact that the periodicals in question were mainly devoted to rural women and the female part of the domestic ministry, there is a lot of space devoted to prostitution in their pages. In particular, the servants and girls who were coming from the villages to cities in search of work were at risk. They too often became victims of traffickers, pimps and numerous cheats. It was written about the institution of so-called railway station care. Its tasks included providing young and inexperienced women with help at the train stations and the railway cars constituting a habitat of pimps and human traffickers, among whom the Jews predominated. In order to stop the trafficking of human beings, it became necessary to create special societies, the activities of which were also informed readers of the patron’s periodicals. Acknowledgments. Sincere thanks to the head of the General Pedagogy and Preschool Education Department, Drohobych Ivan Fanko State Pedagogical University, Prof. Chepil Mariya.Funding. The author received no financial support for the research, authorship, and/or publication of this article.

Medical manslaughter in Hong Kong-how, why, and why not.

The increasing number of medical manslaughter cases in recent years raises concerns about the concept of criminal liability in medical negligence. Contemporary cases in Hong Kong have also generated debate on whether criminal law intervention is justified and effective at dealing with substandard medical practices. This paper examines the legal principles underlying the applicable legal offence of gross negligence manslaughter and the implications that recent events may have on patient care and the medical profession. The author argues that the criminalisation of medical mistakes can have a detrimental effect on clinical practice and patient welfare. At stake is the potential for a loss of mutual trust between the medical profession and the rest of society. Gross negligence manslaughter is an unstable legal concept, and criminal sanctions should at most be applied to conscious violations of established rules and standards but not unintentional errors. As we await the outcomes of ongoing cases in Hong Kong, there is an urgent need to uphold standards of practice and to nurture a robust culture of ethical awareness, compassionate care, and professionalism.

Police abuse of sex workers in Nigeria: evidence from a qualitative study

ABSTRACTScant public attention has so far been paid to police abuse of sex workers in Nigeria, in spite of the overwhelming evidences of incessant abuse of authority by the Nigeria Police which has led to sexual assault of women and girls during patrol, arrest and detention. Hence, this paper presents an empirical exposition of human rights abuses of street-based sex workers by officers of the Nigeria Police and its inherent public health implications. Qualitative data were collected for the study from 56 street-working commercial sex workers in the red light district of major roads within the city of Ibadan. Police abuse of street-based sex workers was found to be rampant and comes in the form of economic extortion, verbal intimidation, sexual assault, and physical manhandling. The negative condom use habits of officers during sexual assault of the sex workers was identified as having grave public health consequence. The paper ends with the suggestion that the Nigerian authorities, judicial and legal officials, civil society groups and the international community should initiate and support reforms of policy, law and practice in Nigeria that seeks to protect women and girls from rape and other forms of violence perpetrated by state actors.

Economic limits of (de)regulation in legal services market

Deregulation of professional services is universally praised for assisting lower prices, higher quality, and faster innovation pace benefiting the public. However, major authorities in economic science (from A. Smith to R. Coase) agreed that efficient regulation is needed to reduce frictions and promote trade. Particularly legal services demonstrate numerous forms of inefficiencies, requiring a thorough microeconomic evaluation before optimising the regulation. The highly polarised market is split in two segments with regulation mostly needed at its bottom. For this purpose, we developed our regulation curve model that supports the introduction of regulatory remedies. Our longitudinal study of Slovenian legal offices population mainly rejects the private capture hypothesis and exposes political risks of regulation, which might lead to the “tragedy of commons”. Imposed lawyer’s tariff freeze since 2003 paradoxically hurts the pillars of a network warranting physical and economic accessibility of legal services for most vulnerable groups. We estimate that the lawyer’s tariff in Slovenia is undervalued almost by half, but only a slow increase can be expected due to political costs and the fiscal effects. Dismal perspectives for lawyer’s profession divert capable new entrants to start the career, causing long-term gap in labour supply. Thus, we concentrated on modelling the minimum requirements for a financially viable network coverage in order to support positive externalities.DOI: http://dx.doi.org/10.5755/j01.ee.29.3.19826

The Illuminati Problem and Rules of Recognition

How to distinguish law from non-legal but systematic and ruleguided practices of legal officials? This issue features prominently in the debate on ‘positive originalism’ in US constitutional law, and in similar fundamental controversies in other legal orders. I take it as a question about content and constitution of ultimate rules of recognition. Legal philosophers have been too quick in dealing with this problem. I argue that there is more space to claim that non-officials have a constitutive relationship with the content of the law, thus potentially providing a standard to distinguish legal and non-legal practices of officials. However, to the extent officials play a constitutive role in the law, what matters is their genuine acceptance of ultimate rules of recognition. To show this, I develop the concept of ACCEPTANCE of a social rule by specifying the requirement of genuineness of acceptance and the role of mental dispositions associated with acceptance.

Chief Legal Officer of DBMC, Lawyer

Chief Legal Officer of DBMC, Lawyer

Ética de la virtud y profesiones jurídicas

¿Qué virtudes debe tener la persona juzgadora? ¿Qué hay de la abogacía? Este trabajo está enfocado en el estudio de la naturaleza ética de la profesión jurídica, planteando la necesidad de modelos de excelencia orientados a la promoción de la justicia. Frente a una visión que concibe al derecho como el arte de persuasión, en este trabajo se explora el paradigma clásico de la “retórica de la virtud”, formulada por Cicerón y Quintiliano. Desde una postura que asimila la tarea judicial como un ejercicio abstracto, este artículo se enfoca en el modelo judicial compasivo defendido por Aristóteles.

Living Islamic Law: Women and Legal Culture in Marinid Morocco

Historical studies of Islamic legal systems have focused primarily on courts and prominent muftīs. My research shifts the focus to the community level, with particular attention to women and their relationships with male family members, drawing on cases from Fez and its environs under the Marinid dynasty from the mid-seventh/thirteenth to the mid-ninth/fifteenth century. I argue that people actively engaged with Islamic law in their daily lives and relationships, and that women had access to informal legal spaces that allowed them to influence the legal process, making interpretive decisions on issues where the Mālikī school accepted multiple opinions. Through an analysis of fatwās issued by Marinid jurists, I explore how communities and legal officials resolved contentious disputes, and how women used legal knowledge to participate in the legal process.

PERAN KEPOLISIAN DALAM PENANGANAN TINDAK PIDANA PENCUCIAN UANG (Studi di Kepolisian Daerah Sumatera Utara)

This research aims at finding the role of the police in dealing with money laundering crime; the role of the police in solving money laundering crimes. Collecting instructions in this research was done by means of field studies and literature studies. Field studies are using the interview method, while literature study obtained principles, conceptions, views, legal doctrine and content of legal principles obtained from two main libraries, namely those that are general (Legislation, Regulations, Textbooks, Dictionaries) and those that are specific (journals, research reports, etc.) The modus operandi of the crime of money laundering is to keep secret who is the real owner and source of the money resulting from the mistake, changing its shape so that it makes tracking difficult by legal officials, so that young people are supervised by the real owner of the wealth (perpetrators of the crime). The role of the North Sumatra Regional Police (Polda) in preventing and overcoming the criminal act of money laundering, at the North Sumatra Regional Police (Polda), there are efforts that can be made, including: Pre-entative measures; Preventive Efforts; Repressive Efforts. In Handling the crime of money laundering, the North Sumatra regional police (Polda) coordinated with Financial Service Providers (PJK), Bank Indonesia, and the Financial Transaction Analysis Reporting Center (PPATK), Information from the Financial Intelligence Units (FIU) of other countries. Inhibiting factors for the North Sumatra Regional Police (Polda) in resolving money laundering crimes include: Factors covering the quantity factor of law enforcement, law enforcement that is less professional. Limited ability to place oneself in the role of the other party with whom he interacts; The level of aspiration is not high enough; Very limited excitement to think about the future, making it very difficult to make a projection; the absence of the ability to postpone the fulfillment of a particular need, especially material; This lack of innovativeness is actually a counterpart to conservatism.

Critical analysis of the legal practices of the students of law: The strategic litigation as an alternative practice and the reivindicating instrument of social rights in Colombia

The Law has been intruder in situations that have compromised its ethical dimension and its social function, this has led to different governmental and academic institutions evaluate the need to discuss and reform the pedagogical strategies in law schools with the final porpuse to mitigate the causes that give rise to these situations. Within these scenarios it has been concluded that one of the factors to work should be the students' own practices, which are mostly reflected in the legal office, since they are the appropriate scenario to reinforce ethical competences and visualization of it as a social science.
 As a result of this, the objective of this paper is to critically analyze how the conception of education and legal practice is addressed to law students by the State and some universities in the country. On the other hand, after providing the mentioned analysis, the concept of strategic litigation will be presented as an alternative form of legal practice and as a proposal to respond to social needs in terms of the claim and application of rights to vulnerable communities from the academy. The above taking as reference the postulates of Latin American critical pedagogy framed within the social function of the lawyer and the university as a social institution.
 This seeks to contribute to this discussion raised from the different social classes in reference to the law and its need to reform their pedagogical strategies, so the alternative of implementing the postulates of strategic litigation can provide tools that allow the student to perform in the area of knowledge with which you feel more affinity and work hand in hand with and for the community that surrounds you.

Pluralising Constitutional Pluralism

This chapter addresses a relatively neglected area of the burgeoning literature on constitutional pluralism; its ‘methodological monism’. Virtually all accounts of constitutional pluralism assume that one model or framework of constitutional pluralism can account for and/or legitimise interacting and conflicting legal orders in a global context. Yet, the chapter argues, this methodological monism is incompatible with constitutional pluralism’s reliance on the statements of legal officials, both state and supra state, in the development of models of constitutional pluralism. Within a ‘global disorder’ of legal orders lies a ‘global disorder’ of legal officials and a concomitant ‘global disorder’ of suprastate claims of legal authority and effectiveness which impacts upon how legal orders interact and conflict. In this light of this, constitutional pluralism, particularly in its explanatory guise, cannot hope to capture the state of the global disorder of interacting legal orders if it insists upon one model to explain them all. Contrasting the claims of the Courts of the European Union and European Convention of Human Rights, the chapter shows how different models of constitutional pluralism are necessary to explain different interactions and conflicts between legal orders. It concludes, therefore, that constitutional pluralism itself needs to be pluralised.