Police Authorities Research Articles

Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System

This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.

Comparison of Statistical and Machine-Learning Models on Road Traffic Accident Severity Classification

Portugal has the sixth highest road fatality rate among European Union members. This is a problem of different dimensions with serious consequences in people’s lives. This study analyses daily data from police and government authorities on road traffic accidents that occurred between 2016 and 2019 in a district of Portugal. This paper looks for the determinants that contribute to the existence of victims in road traffic accidents, as well as the determinants for fatalities and/or serious injuries in accidents with victims. We use logistic regression models, and the results are compared to the machine-learning model results. For the severity model, where the response variable indicates whether only property damage or casualties resulted in the traffic accident, we used a large sample with a small imbalance. For the serious injuries model, where the response variable indicates whether or not there were victims with serious injuries and/or fatalities in the traffic accident with victims, we used a small sample with very imbalanced data. Empirical analysis supports the conclusion that, with a small sample of imbalanced data, machine-learning models generally do not perform better than statistical models; however, they perform similarly when the sample is large and has a small imbalance.

The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users

The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.

The Authority of Police in Implementation of Restorative Justice in Framework of Enforcement of Criminal Actions in Indonesia

This study aims to identify and examine the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data, which was then analyzed qualitatively. Based on the research, it is concluded that the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia is based on the provisions of Article 16 paragraph (1) letter l, Article 16 paragraph (2) and Article 18 of Act No. 2 of 2002 which is known as Police discretionary terms. Based on this authority, the Police may act on the basis of their own discretion and judgment in carrying out the functions of the Police. To ensure uniformity in the implementation of restorative justice within the Police, the Republic of Indonesia National Police (Polri) Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice was issued. The handling of criminal acts based on restorative justice by the Police based on Police Regulation Number 8 of 2021 must meet general and special requirements. The general requirements apply to the activities of carrying out the criminal investigation, investigation, or investigation functions, while the special requirements only apply to criminal acts based on restorative justice in investigative or investigative activities. Besides that,

Traffic Police’s Environmental Assistant

Traffic Control covers all procedures targeted at spreading and managing roadway traffic flows in time and space in order to decrease or prevent incidents. Network operators and controllers are in charge of traffic control, which is done in accordance with predefined traffic management policies and ideas. Across most nations, it is a coordinated effort with traffic policing authority, and it is often under their direct control. The traffic cops and traffic administrators are working hard to make transport safer and easier. Their responsibilities include supervising traffic junctions, utilizing CCTV to evaluate road conditions, executing pre-existing traffic laws, implementing Inbound Flow Control, and streamlining distribution and shipments. However, this is not the only desire of the next generation. We desire a sustainable environment, which is at threat due to massive air and noise pollution caused by automobiles, in addition to the necessary restrictions adopted by the government or regional transport office. As a result, we've come up with a solution that will assist the authorities in keeping air and noise pollution under control, at least to a certain extent. And we believe that it will be fruitful.

SISTEM PELAKSANAAN DISKRESI SECARA HUKUM OLEH KEPOLISIAN SEBAGAI APARAT PENEGAK HUKUM DALAM PEMOLISIAN YANG DEMOKRATIS

The application of discretion is the policy of the office that essentially allows public officials (including the police) to carry out policies that violate the law, on three conditions, namely in the public interest, still within the limits of their jurisdiction, and do not violate the General Principles of Good Government. Data analysis is done qualitatively by collecting primary, secondary and tertiary legal materials related to research. The results of the analysis obtained are: the concept of police discretion as a law enforcement officer in the future in democratic policing is characterized by reforms from within the police body itself, namely through structural aspects, instrumental aspects and cultural aspects. The existing laws and regulations in the regulation of the performance of the State Police of the Republic of Indonesia, especially in the discussion of discretion, are adequate and there is no overlap between one law and another. It takes understanding of the police in interpreting and applying the provisions of existing rules so as not to become a negative assessment in the community due to improper abuse of police authority in the implementation of discretionary resolving cases. That it required oversight both internally and externally of police performance both personally and in groups. It can also be by improving the quality of police resources by means of formal education or training so as to build a responsible attitude to maintain the image of the police in the community and in accordance with the assessment of the Code of Ethics of the State Police of the Republic of Indonesia.

Law Enforcement as Discretion and Legal Process

Coercive authority is central to the law inforcement, and the discretionary use of police authority is a decision-making process, as officers evaluate the situations in which they intervene and choose a course of action from among a set of alternatives. This article investigates the analytical and synthesis aspects of a wide range of sources, considering law enforcement from a dual perspective: as legal discretion and as a kind of legal process. This research applied the classical methodology of qualitative analysis of systems and processes, in particular, a system-analytical approach to the study of research objects. In conclusion, the role of law enforcement in the modern state-legal reality and the place of mandatory features of the legal process in the law enforcement structure is presented. Based on the study, it can be stated that The role of the procedural form is primarily that following its requirements will guarantee the objectivity and efficiency of law enforcement.

AI Use in Criminal Matters as Permitted Under EU Law and as Needed to Safeguard the Essence of Fundamental Rights

In this article we shall attempt to systematically chart the curent AI legislation, as well as the most important proposals for legislation at the level of the EU and to point the clashes and common ground with some of the major aspects present in criminal law that are linked with the protection of the essence of fundamental rights. The image of man as a natural prey to suggestion and influence has made some believe that artificial intelligence represents the proper solution for ensuring not only impartiality in a justice system, but also efficiency. This encouraged a relatively uncomplicated view on the AI applications that would facilitate the work of police and judicial authorities through identification, data management, facial recognition, crime prevention and risk assessment. Underpinning this reassuring hope is the concern for the protection of the essence of fundamental rights. Anchored in the practical examples arriving via the professional experience of magistrates, the use of AI can have adverse effects, undermining fundamental rights, such as the right to non-discrimination, the right to protection of personal data and to a private life, the right to freedom of expression, and the right to a fair trial given the increased risk of reproducing bias and perpetrating discrimination, not to mention the ability of criminals to make use of it for their own illegal purposes. Assumptions on the interaction of AI and the essence of fundamental rights start from the very nature of man and the structure of society and the EU legislator has tried to gather all of these essential elements under the roof of a limited number of policies and legislation instruments.

Imbalance Criminal Justice System of Pakistan: Joined Up Working is the Way Forward

The Criminal Justice System (CJS) is an inter-dependent multi-organizational justice sector comprising police, prosecution, courts, corrections and many other government agencies. These governmental institutions along with one private force in the shape of the defence lawyers; are primarily responsible for the administration of CJS. The imbalance among these institutions and separate working without meaningful coordination and cooperation to uphold justice are key elements for making CJS ineffective, inefficient, and expensive and even paralyzing it. An Appropriate balance among these institutions and joined up working to uphold justice are the key elements to make the CJS effective, efficient even inexpensive. No single organization can make the CJS effective and efficient. Synergy among the judiciary, prosecution, police and other inter-dependent agencies and authorities is necessary for making the CJS simpler, faster, cheaper and people-friendly. With the help of qualitative and analytical research methodology, this article explores the imbalances in the working of CJS and explains the need for joined working and alignment of the CJS as a way forward and practical solution for making CJS efficient, effective, simpler, faster, cheaper and people friendly.

SilencingRebelliousPriests: Rodolfo Escamilla García and the Repression of Progressive Catholicism in Cold-War Mexico

AbstractThis article examines the silencing and repression of rebellious priests in Mexico from the 1940s to the mid 1970s and places the divergent actors that composed the Catholic Church during this period as key players in the Cold War. It examines the web of personal and organizational connections of a single emblematic individual whose transnational history has been mostly absent from the accounts of the era: the Jesuit priest Rodolfo Escamilla García. Founder of the Catholic Workers’ Youth (JOC) in the late 1950s, he championed the radical “See, Judge, Act” method that politicized thousands of people across Latin America during the 1960s, when liberation theology emerged throughout the continent and competing conservative authorities came together to repress it. In 1977 Escamilla García was brutally killed in Mexico City, likely with the approval of government security agencies. Yet, his brutal killing, and the murders and torture of other priests examined in this article, were never investigated by police authorities. Further, their silencing points to a moment in Mexican history when government leaders and iconic leftist intellectuals erroneously championed the idea that the nation was exceptional in the Latin American region, meaning less authoritarian and more democratic. The most influential ecclesiastical authorities overwhelmingly agreed. For them, maintaining a productive relationship with the state took precedence over the need to publicly condemn the assassination of rebellious priests. Instead, the loudest voices of condemnation came from progressive Catholics representing the Mexican Social Secretariat (SSM) and the National Center of Social Communications (CENCOS).

The necessity of a modern approach to criminal investigation of organized crime

Since organized and other forms of crime are liable to change, modernisation and adaptation to specific social conditions, this phenomenon also requires some changes, but this time in the approach used in its detection, prevention, or proof. The primary reason for the selection of this topic is to draw the attention of the scientific society to the importance of expanding existing scientific and professional knowledge in the field of the criminal investigation of organized crime. Continuous and accelerated development of organized crime should be accompanied by the simultaneous development and improvement of tactical approaches to the investigation of this socially negative phenomenon. This article is primarily aimed at pointing out the importance of continuous improvement of traditional, classical, or methods in use, but also the development of new and modern activities that are used to combat organized crime. In addition to the conceptual definition and presentation of the elements that characterise organized crime, the author emphasises the importance of modernisation or improvement of the traditional investigation approach and presents a significant contemporary approach in the criminal investigation of organized crime. There is no success and progress in combating organized crime without proactive investigation, modern technologies, intelligence gathering, and special investigative measures. It should be noted that organized crime in most cases expands its activities to two or more countries, i.e., achieves cross-border activities that require international cooperation (criminal, police, inter-agency). The value of international police cooperation is also reflected in the fact that organized crime operates across national boundaries, does not choose society or state. Accordingly, it would be much more effective for judicial, police, and other competent authorities to remove any kind of obstacles, barriers and raise up international co-operation to the highest level, to establish an effective system for combating organized crime.

Normative regulation of witness immunity in international law

Through materialist dialectics, the article is dedicated to the study and solution of theoretical and practical questions related to the right of a person not to declare or give explanations about himself, his relatives, or close relatives. Interested here was the thorough review of the doctrinal sources of this right, the meaning and methodology of its research, the concept and content of the right of a person not to testify, the peculiarities of this right in Ukraine and in the world, its legislation, as well as its guarantee of implementation. In addition, based on the analysis of the legislation of each country, the authors identify the characteristics of the guarantee, analyze the theoretical aspects and the practical problems of granting the police and judicial authorities the right not to declare or give explanations about themselves. It is concluded that the immunity of witnesses means a set of rules that exempts certain groups of witnesses from the obligation to testify in criminal proceedings, as well as from the obligation of the witness to testify against himself. In this sense, immunity for a witness is divided into two types of imperatives: (absolute, unconditional) and device (relative, conditional).

''… SENT BY JESUS CHRIST'' (CULTURAL INCIDENT OF 1875 IN THE CHIGIRINSKY DISTRICT)

The relevance of the topic is due to the trends in the development of historical science, the vector of which is directed towards the study of the history of "little" people. One of the completely forgotten characters of the past was a simple peasant woman, Nastasya Likhosherstaya. For the first time in historiography, her work is in the field of special scientific interest and is considered against the background of long-term peasant unrest in the Chigirin district of the Kiev province in the 1870s. The scene of action was the village of Adamovka of the same district. The main characters are Likhosherstaya herself, several hundred villagers, mostly women, a volost foreman and a local priest. The study was carried out within the framework of microhistory methods, which make it possible to consider the object of study in event details and semantic shades. The source base for the study was the materials of official records management, including reports from the volost and district police authorities to higher authorities, as well as reports from the Kiev GZhU to the 3rd department of the imperial chancellery. The article shows how the study of a separate cultural incident helps to take a fresh look at the attitude of the peasants themselves to the reform in the state village on the example of a specific district of Right-Bank Ukraine.

Police and prostitution in Yugoslavia: a nuanced relationship

ABSTRACT The article aims to illustrate the attitudes of the police authorities towards prostitution in Yugoslavia between the two world wars. Drawing on press and archival sources, the article aims to investigate two main research questions: first, how and to what extent were Yugoslav authors part of inter- and transnational criminological debates; second, what were the approaches used by police officers when they had to react to complaints filed by private citizens, or to conduct investigations into alleged cases of commercial sex and/or immoral behaviour. The analysis of Policija, the most authoritative police periodical of the time, will show that police discourse about prostitution had interesting transnational features. The articles published in this police periodical were partly still under the influence of the older and internationally established criminological paradigm of Lombrosian origin, while at the same time developing a new consideration of socio-economic factors, assigning a new centrality to the asociality of the prostitute because of her ‘work-shyness’. Furthermore, an examination of police investigations will show the difficulties experienced by the police officers when confronted with the increasing number of borderline cases. Finally, the active contribution provided by ordinary citizens through lodging complaints suggests that we need to revise our understandings of dictatorship and social control in the first Yugoslavia. The analysis, thus, will show that the ‘national question’, generally at the core of historical interpretations of this Yugoslav period, actually played a marginal role in this field. Rather, it seems more useful to put this research issue in the framework of the social engineering projects which were developing in Yugoslavia and across the whole of Europe in those years.

The policing of alcoholics: Power and resistance in early welfare-state Sweden

ABSTRACT What in this article is called ‘the policing of alcoholics’ was a process involving several agents and institutional bodies, including but not limited to, officials and at the alcoholics’ institutions, regional and local temperance boards, police authorities and local poor-law boards as well and several others. For the welfare state in the making, the recalcitrant and morally depraved alcoholic represented an anomaly, someone who did not really belong to society. Policing was in the last instance legitimated by the role it played in the process of creating a new social order. The early welfare state should not mainly be seen as a form of ‘liberal’ governance but as a state formation where a continuity with older forms of governance, i. e. policing, existed. The empirical material for this article is taken from the alcoholics’ institution at Svartsjö in the late 1930s and early 1940s. By being subjected to the workings of the power apparatuses in institutions like these, an undifferentiated mass of vagrants, beggars, drunkards, petty criminals, and unruly and socially troublesome people were transformed into a new welfare category, the alcohol abusers. Importantly, this was a process to which the alcohol abusers, through their resistance, also contributed.

Bias Crime and Victimization Among Latinx Adults: Formal and Informal Help Seeking.

Latinx adults have become increasingly vulnerable to bias motivated victimization. The impact of such incidents on Latinx communities is severely understudied, particularly concerning whether or not victims will seek help as a result of such events. Evidence within other victimization contexts demonstrate Latinx populations may be less likely to seek formal help from police, medical providers, and other formal authorities, relying instead on informal support networks such as family and friends. The current study sought to understand formal and informal help-seeking behavior among Latinx adults who experienced bias motivated victimization. The Understanding and Measuring Bias Victimization against Latinos study obtained rates of bias victimization and subsequent help-seeking behavior among Latinx adults who reported experiencing bias victimization (n = 315, 34.6% of full sample of 910). Those who experience bias victimization seek formal help at much lower rates than informal forms of support. Logistic regression analyses controlling the type of victimization demonstrated that participants who experienced a victimization constituting a hate crime were more likely to seek formal help compared to experiencing non-criminal bias events. Implications include addressing barriers to Latinx bias victims seeking forms of help, in addition to understanding the potential polyvictimization histories that predict why Latinx adults may decide to seek help.

Obituary Dr Christine Costello: MBChB, DRCOG, FRCP, FRCPath 29 August 1945-31 December 2021.

Obituary Dr Christine Costello: MBChB, DRCOG, FRCP, FRCPath 29 August 1945-31 December 2021.

Data Transparency and Fairness Analysis of the NYPD Stop-and-Frisk Program

Given the increased concern of racial disparities in the stop-and-frisk programs, the New York Police Department ( NYPD ) requires publicly displaying detailed data for all the stops conducted by police authorities, including the suspected offense and race of the suspects. By adopting a public data transparency policy, it becomes possible to investigate racial biases in stop-and-frisk data and demonstrate the benefit of data transparency to approve or disapprove social beliefs and police practices. Thus, data transparency becomes a crucial need in the era of Artificial Intelligence ( AI ), where police and justice increasingly use different AI techniques not only to understand police practices but also to predict recidivism, crimes, and terrorism. In this study, we develop a predictive analytics method, including bias metrics and bias mitigation techniques to analyze the NYPD Stop-and-Frisk datasets and discover whether underline bias patterns are responsible for stops and arrests. In addition, we perform a fairness analysis on two protected attributes, namely, the race and the gender, and investigate their impacts on arrest decisions. We also apply bias mitigation techniques. The experimental results show that the NYPD Stop-and-Frisk dataset is not biased toward colored and Hispanic individuals and thus law enforcement authorities can apply the bias predictive analytics method to inculcate more fair decisions before making any arrests.

“It doesn't work at all, that's my experience”: Swedish forensic interviewers' views on interpreter-mediated child interviews

BackgroundLegal practitioners have expressed concerns regarding the quality of interpreter-mediated forensic interviews with child witnesses. ObjectiveThis mixed-methods study aimed to examine Swedish forensic interviewers' experiences of conducting child interviews via a language interpreter. Participants and settingForty-one forensic interviewers from the Swedish Police Authority with experience conducting interpreter-mediated child interviews participated in a digital survey. MethodsTheir responses were analyzed using both qualitative (thematic and content analyses) and quantitative (descriptive and inferential statistics) approaches. ResultsThe forensic interviewers' general experiences of conducting interpreter-mediated child interviews were negative. Limited access to authorized legal interpreters and doubts regarding the accuracy of interpretation were described as major obstacles in these investigations. The presence of an interpreter could negatively impact children's disclosure process and limit their chances of expressing their views during legal proceedings. ConclusionsAccording to Swedish forensic interviewers, the quality of interpreter-mediated child interviews urgently needs to be addressed. Our results are consistent with previous surveys from Australia and the United States, highlighting the international relevance of these topics. Future improvements are vital to ensure that all children are provided an equal right to be heard during criminal investigations, regardless of the native language.

Social Sensing for Sentiment Analysis of Policing Authority Performance in Smart Cities

High-tech services in smart cities, ubiquity of smart phones, and proliferation of social media platforms have enabled social sensing, either through direct human observers or through humans as sensor carriers and operators, such as through the use of smart phones, cameras, etc. We performed a sentiment analysis (SA) and mined public opinion on the civil services and policing authority in a smart city. The establishment of high-tech policing in Lahore, Pakistan, known as the Punjab Safe Cities Authority (PSCA), Lahore, along with integrated command and control centers and various equipments, such as 8,000 cameras, monitoring sensors, etc., has resulted in a requirement for its performance evaluation and social media–enabled opinion mining to determine the broader impact on communities. Social sensing of civil services has been enabled through the presence of the PSCA on Facebook, Twitter, YouTube, and Web TV. The SA of the local civil services is not possible without taking into account the local language. In this article, we utilize machine learning techniques to perform multi-class SA of public opinion on policing authority and the provided civil services in both the local languages Urdu and English. The support vector machine provides the highest performance multi-classification accuracy of 86.87% for positive, negative, and neutral sentiments. The temporal sentiments are determined over time from January 2020 to July 2021, with an overall positive sentiment of 62.40% and a negative sentiment of 13.51%, which shows high satisfaction of policing authority and the provided civil services.