scholarly journals Non-Lethal Weapons in Domestic Law Enforcement: Some Legal and Ethical Aspects

2018 ◽  
pp. 39-45
Author(s):  
Adelina Tumbarska
Keyword(s):  
Law Enforcement ◽  
Ethical Aspects ◽  
Domestic Law

scholarly journals Agency Correlates of Police Militarization: The Case of MRAPs

2018 ◽  
Vol 22 (2) ◽  
pp. 161-191 ◽  
Author(s):  
Brett C. Burkhardt ◽  
Keith Baker
Keyword(s):  
Law Enforcement ◽  
Department Of Defense ◽  
National Data ◽  
Law Enforcement Agencies ◽  
Military Equipment ◽  
Military Occupations ◽  
Asset Forfeiture ◽  
Domestic Law ◽  
The U.S

In 2014, protests in Ferguson, Missouri (MO), and the subsequent law enforcement response, shined a light on police militarization—the adoption of military styles, equipment, and tactics within law enforcement. Since 1990, the U.S. Department of Defense has transferred excess military equipment to domestic law enforcement agencies via the federal 1033 program. This article examines transfers of mine-resistant ambush-protected vehicles or MRAPs. Designed to withstand explosive blasts during U.S. military occupations in Iraq and Afghanistan, surplus MRAPs have been shipped to more than 800 domestic law enforcement agencies. This article uses national data on law enforcement agencies and on 1033 program transfers to analyze the pattern of MRAP distribution. The results show that MRAPs are disproportionately acquired by agencies that have warrior tendencies and rely on asset forfeiture to generate revenue. This pattern of militarization is consistent with a model of governance that views citizens as both opportunities and threats.

To the question of the transfer of the «soft law» concept on the national legal systems level

2015 ◽  
Vol 3 (3) ◽  
pp. 112-116
Author(s):  
Александр Демин ◽  
Alyeksandr Dyemin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Empirical Data ◽  
Turning Point ◽  
Soft Law ◽  
International Level ◽  
Legal Systems ◽  
Data Collation ◽  
Domestic Law ◽  
Law Making

Initially, the concept of «soft law», its development, the accumulation of empirical data collation and analysis were carried out as part of the science of international law. The turning point is that «soft law» issue is no more limited by international level. Of course, the «soft law» phenomenon has actually not been explored to the same extent at the level of domestic law systems, than as it has been in the international law. At the same time, it seems profitable to use the «soft law» concept in relation to those various instruments that have a domestic character, which are not formally part of the official source system of law, but which are important for law-making and law enforcement.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals The National Police of Ukraine as a component of the domestic law enforcement system

2019 ◽  
pp. 61-65
Author(s):  
Yu.V. Harust ◽  
S.Yu. Kalyta
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
Public Confidence ◽  
Scientific Article ◽  
Emergency Situations ◽  
Law Enforcement Agency ◽  
The Law ◽  
National Police ◽  
Domestic Law

In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.

Mapping Cannabis Social Clubs in Europe

2020 ◽  
pp. 147737082094139
Author(s):  
Mafalda Pardal ◽  
Tom Decorte ◽  
Melissa Bone ◽  
Òscar Parés ◽  
Julia Johansson
Keyword(s):  
Law Enforcement ◽  
The European Union ◽  
Non Profit ◽  
Social Clubs ◽  
The Past ◽  
Policy Debates ◽  
Item Questionnaire ◽  
Official Languages ◽  
Domestic Law ◽  
The Eu

Cannabis Social Clubs (CSCs) are typically non-profit associations of adult cannabis users who collectively produce and distribute cannabis among themselves. Since the emergence of the model in Spain during the 1990s, other countries may have seen the appearance of CSCs (or CSC-like associations) but there is a dearth of knowledge about the phenomenon in Europe. The goals of this analysis are to: (1) map the presence of CSCs across the European Union; and (2) examine how CSCs are operating in such settings. The data included in our analysis derive from a 2018–19 survey. The 30-item questionnaire comprised questions about CSCs’ origins and relations with other stakeholders and organizations, the types of activities the CSCs developed and their views on cannabis regulation. The questionnaire was translated into all the official languages of the EU zone and sent via email to the participants. In total, 81 CSCs completed the questionnaire. Beyond Spain and Belgium, where the CSC presence has already been documented, we were able to identify CSCs in 11 other countries. The longest-running CSC in our sample was established in 1999, but most emerged in the past decade. The smallest CSC in our sample reported 6 registered members, whereas the largest counted a total of 5000 members. Most CSCs were cultivating or distributing cannabis to their members at the time of the survey, but engaged in other informative, entertainment and activist activities as well. The CSC model remains prohibited across the EU. CSC activists have thus by and large shaped the way CSCs operate, often adapting to domestic law particularities or law enforcement activities. In this article, we present and discuss the range of CSC practices from 13 different European countries, and what these represent for the consideration of the CSC model in current policy debates.

Application of Fifth Amendment to U.S. Constitution in international context—fear of foreign prosecution as ground for invoking privilege against self-incrimination—relevance of growing international law enforcement cooperation—role of U.S. judiciary in foreign relations

1998 ◽  
Vol 92 (4) ◽  
pp. 759-764
Author(s):  
Bernard H. Oxman ◽  
Diane Marie Amann
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Supreme Court ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
International Context ◽  
Open Question ◽  
Domestic Law

United States v. Balsys. 118 S.Ct. 2218.U.S. Supreme Court, June 25, 1998.Resolving a long-open question, the U.S. Supreme Court held in this 7-2 decision that a witness in a domestic proceeding may not invoke the constitutional privilege against self-incrimination if the witness fears that the testimony may be used in a prosecution outside the United States. Although grounded in domestic law, the three opinions in Balsys reveal tension between the judiciary's traditional deference to the political branches in foreign relations matters and its concern over the risk that individuals subject to prosecution abroad will suffer deprivation of liberty because of that deference.

scholarly journals Agency Correlates of Police Militarization: The Case of MRAPs

2018 ◽  
Author(s):  
Brett Burkhardt ◽  
Keith Baker
Keyword(s):  
Law Enforcement ◽  
Department Of Defense ◽  
National Data ◽  
Law Enforcement Agencies ◽  
Military Equipment ◽  
Military Occupations ◽  
Asset Forfeiture ◽  
Domestic Law ◽  
The U.S

In 2014, protests in Ferguson, Missouri (MO), and the subsequent law enforcement response, shined a light on police militarization—the adoption of military styles, equipment, and tactics within law enforcement. Since 1990, the U.S. Department of Defense has transferred excess military equipment to domestic law enforcement agencies via the federal 1033 program. This article examines transfers of mine-resistant ambush-protected vehicles or MRAPs. Designed to withstand explosive blasts during U.S. military occupations in Iraq and Afghanistan, surplus MRAPs have been shipped to more than 800 domestic law enforcement agencies. This article uses national data on law enforcement agencies and on 1033 program transfers to analyze the pattern of MRAP distribution. The results show that MRAPs are disproportionately acquired by agencies that have warrior tendencies and rely on asset forfeiture to generate revenue. This pattern of militarization is consistent with a model of governance that views citizens as both opportunities and threats.

scholarly journals Dissolution of Marriage: An Interrelation between Legal and Social Aspects

2020 ◽  
Vol 15 (1) ◽  
pp. 92-102
Author(s):  
S. V. Zykov
Keyword(s):  
Law Enforcement ◽  
Social Aspects ◽  
Legal Consciousness ◽  
The Third ◽  
The Family ◽  
Foreign Institution ◽  
Minor Children ◽  
Flexible Application ◽  
Domestic Law

The paper deals with the legal institution of dissolution of marriage in the context of creating conditions for the marriage preservation. It is concluded that it is necessary to change the procedure of dissolution of marriage in order to ensure the possibility of reconciliation of spouses, for example, to determine the powers of the court to refer the case to a specialist, who performs conciliation (mediator or psychologist), if this procedure is free of charge for spouses. Given the importance of preservation of the family when there are minor children in the family, the possibility of reconciliation must also be extended. The second approach to changing the existing law in the area of marriage dissolution with regard to the grounds, may include the transition to the concept of “divorce/ sanction” (including its flexible application). This approach is widely used in foreign legislation, it has long been traditional for domestic law and is approved in legal consciousness. The third approach may involve the modification of law enforcement practices relating to post-divorce upbringing of children, which indirectly motivates one party to divorce, even though this practice does not correspond either to the law or to social expediency. As a possible option, we recommend the use of the foreign institution of “joint guardianship” adapted in our system of law as determination of the place of residence of the child on a parity basis.

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