Articoli di riviste: "Police power"

1

Tsagourias, Nicholas. "War power, police power". Policing and Society 25, n. 4 (26 febbraio 2015): 437–38. http://dx.doi.org/10.1080/10439463.2015.1013770.

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MORGAN, ROD. "Police Power and Police Powers". Howard Journal of Criminal Justice 27, n. 1 (febbraio 1988): 70–72. http://dx.doi.org/10.1111/j.1468-2311.1988.tb00604.x.

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Neocleous, Mark. "Air Power as Police Power". Environment and Planning D: Society and Space 31, n. 4 (gennaio 2013): 578–93. http://dx.doi.org/10.1068/d19212.

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Meyerhoff, Eli. "Book Review: War Power, Police Power". Law, Culture and the Humanities 11, n. 3 (4 settembre 2015): 498–500. http://dx.doi.org/10.1177/1743872115591311b.

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Holmqvist, Caroline. "Always already war power, police power". London Review of International Law 3, n. 2 (31 luglio 2015): 329–34. http://dx.doi.org/10.1093/lril/lrv005.

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Stevandić, Danilo. "Police powers: Definition of the term in legal theory". Bezbednost, Beograd 64, n. 2 (2022): 119–44. http://dx.doi.org/10.5937/bezbednost2202119s.

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The paper elaborates on the term "police powers" from both a theoretical and legal standpoint. Following the introductory section, the second part of the paper offers a semantic analysis of the legal term "police power", whilst the third part deals with the structure of police powers. The fourth part considers general legal characteristics of police powers, whereas the fifth part focuses on demarcation in respect of other related terms. The author concludes that a police power in its nature is a type of power (public law prerogative), and that it differs from other similar terms in sense of its specific characteristics: coercive character, special purpose and necessity of its implementation for the purpose of discharging a police duty (task at hand). The differences between police powers, police measures and actions are not such as to require different legal regimes. If the reason for its use is an unfulfilled duty from an administrative legal relationship, and if its use falls within the limits of such legal relationship, the police power is subject to a legal regime of administrative action; the use of police powers in either criminal cases or cases of misdemeanour entails the procedural actions determined by the relevant procedural law.

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Wall, Illan rua. "War Power, Police Power: a paradigmatic book". London Review of International Law 3, n. 2 (17 agosto 2015): 322–28. http://dx.doi.org/10.1093/lril/lrv008.

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Sentas, Vicki, e Michael Grewcock. "Criminal Law as Police Power: Serious Crime, Unsafe Protest and Risks to Public Safety". International Journal for Crime, Justice and Social Democracy 7, n. 3 (1 settembre 2018): 75–90. http://dx.doi.org/10.5204/ijcjsd.v7i3.554.

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This article considers the deepening of police power in New South Wales (NSW), Australia, criminal law. It analyses the combined effects of four recent criminal law regimes that not only give the NSW Police Force more powers, but also reflect the significant role of institutional police power and the pre-emptive logic of criminal law. We examine: the introduction of serious crime prevention orders; the introduction of public safety orders; investigative detention powers in relation to terrorist acts; and confiscation, forfeiture and search powers, and trespass offences that target protests. Drawing on the work of ‘police power’ theorists, we argue that these new regimes illustrate the centrality of police power to the criminal law rather than a deviation from a putative, ‘normal’ criminal law.

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Park, Ho Hyun. "Discussion on Rational Role Establishment of the National Investigation Headquarters: Focusing on the law amendment on the Organization and Operation of National Police and Municipal Police". Forum of Public Safety and Culture 19 (30 novembre 2022): 31–44. http://dx.doi.org/10.52902/kjsc.2022.19.31.

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In the past, police were not a human rights protection agency for the people. It was just a part of the state's power. However, the police have come to realize that they have to change themselves according to social changes. Despite such efforts, however, police and prosecutors have formed a relationship between top and bottom in the investigation. But most of the investigations are handled by police. Therefore, it is a problem that investigative powers are granted to prosecutors. That is, it can be a problem in terms of rapid investigation and the protection of people's human rights. The police have tried to solve these problems. These efforts by the police gave them the right to close the primary investigation. However, it can be a problem to concentrate power on one institution. In the end, if power is concentrated in one institution, the human rights of the people may be violated. Therefore, the National Investigation Headquarters was launched through the revision of the police law. The establishment of the National Investigation Headquarters serves as a control tower for investigations. Nevertheless, it is pointed out that the National Investigation Headquarters needs policy alternatives in various areas, including organization and personnel management. This paper will find out the problems the National Investigation Headquarters has. Then I would like to present a policy direction on this.

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Tyagi, Ravi Kumar, e Edgar Braganza. "Police Power For Investigation Use and Misuse: Crpc References". Journal of Advances and Scholarly Researches in Allied Education 15, n. 9 (1 ottobre 2018): 5–9. http://dx.doi.org/10.29070/15/57889.

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Campbell, Elaine. "Police narrativity and discretionary power". International Journal of the Sociology of Law 31, n. 4 (dicembre 2003): 295–322. http://dx.doi.org/10.1016/j.ijsl.2003.07.001.

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Sullivan, Kathleen S. "Marriage and Federal Police Power". Studies in American Political Development 20, n. 1 (aprile 2006): 45–56. http://dx.doi.org/10.1017/s0898588x06000046.

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In the late nineteenth and early twentieth centuries, the U.S. federal government expanded the scope and extent of its constitutionally enumerated powers in naturalization, Indian policies, and regulation of interstate commerce. In doing so, Congress became more involved with matters of citizenship, both in defining public purposes and national identity. Citizenship had traditionally been a matter for the states, where governance rested on the features of differentiation, jurisdictional autonomy, and local control. The entry of the federal government and the federal constitutional norms of citizenship might have been expected to bring an overarching coherence to the fundamental liberal values that were declared after the Civil War. Under expanded federal power and federal citizenship, however, multiple traditions of both liberal rights of citizenship and illiberal conditions of status continued, and illiberal positions gained new footing.

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Mugari, Ishmael, e Emeka E. Obioha. "Patterns, Costs, and Implications of Police Abuse to Citizens’ Rights in the Republic of Zimbabwe". Social Sciences 7, n. 7 (16 luglio 2018): 116. http://dx.doi.org/10.3390/socsci7070116.

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The Police play a key role in maintaining law and order and safeguarding the security of the nation and its citizens. To enable them to discharge their constitutional mandate, they are entrusted with powers such as the power to arrest, detain, search, and to use force. However, police officers have often abused these powers with serious consequences on the image and operations of the organisation. The media is often inundated with news on unlawful arrests, arbitrary search and seizure, unlawful methods of investigations, and the excessive use of force. It is without a doubt that these incidences of abuse of powers and functions by the police come at a price. This study, a survey conducted with 91 respondents (83 members of public and 8 police officers) in 2 policing districts in Zimbabwe reveals wanton violation of human rights, police brutality, and the abuse of power which have resulted in both social and economic costs to the Police service and government of Zimbabwe through Civil suits against the police. Among other issues, training and decisiveness in dealing with the implicated police officers were viewed as the most effective ways for dealing with police abuse of power.

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Skinns, Layla, Lindsey Rice, Amy Sprawson e Andrew Wooff. "Police legitimacy in context: an exploration of “soft” power in police custody in England". Policing: An International Journal 40, n. 3 (21 agosto 2017): 601–13. http://dx.doi.org/10.1108/pijpsm-06-2016-0077.

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Purpose The purpose of this paper is to examine how police authority – in its “soft” form – is used and understood by staff and detainees in police custody in England, examining how these meanings are shaped by this unique police setting. It is argued that the nature of this setting, as fraught and uncertain, along with the large volume of citizens who come into contact with the police therein, makes police custody the ultimate “teachable moment”. Design/methodology/approach The present paper is based on in-depth qualitative data collected between March 2014 and May 2015 in four custody suites (in four forces). In each site, the researchers spent three to four weeks observing and then interviewed 10-15 staff (largely police officers, detention officers but also a few other criminal justice practitioners) and 10-15 detainees. In total, the paper is based on 532 hours of observing and 97 interviews (47 with staff and 50 with detainees). Findings One way that the staff used their authority in the custody suites in the research was softly and innocuously; this entailed for example staff communicating in a respectful manner with detainees, such as by being deliberately polite. The authors conclude that this “soft” power was a dynamic, processual matter, shaped in particular by the physical conditions of the suite, the uncertain and insecure nature of detainees’ circumstances, as well as by the sense of disempowerment they felt as a result of being deprived of their liberty and autonomy, all of which contributed to police custody being the ultimate “teachable moment”. Originality/value The paper draws on a range of qualitative data collected from both staff and detainees in four types of police custody suites as part the “good” police custody study. It therefore makes an original contribution to the field which has tended to rely on cross-sectional surveys of citizens not policed populations (Harkin, 2015; Worden and Mclean, 2017).

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Perselli, Victoria. "Painting the Police Station Blue: The Almost Impossible Argument for Poetry in the Elite Educational Research Journals". Power and Education 3, n. 1 (gennaio 2011): 64–80. http://dx.doi.org/10.2304/power.2011.3.1.64.

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Barth-Farkas, Faye, e Antonio Vera. "Leader Prototypicality and Displayed Power in the Police: An Empirical Analysis of the Impact on Leader Endorsement and Trust". Policing: A Journal of Policy and Practice 13, n. 4 (3 novembre 2017): 483–97. http://dx.doi.org/10.1093/police/pax080.

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Abstract The aim of this article is to advance scholarly knowledge on the impact of leader prototypicality and displayed power on leader endorsement and trust in the police. Drawing on theoretical arguments from psychology and organizational behaviour, we develop eight hypotheses and submit them to an empirical test. In a pre-study, we explore what characteristics are prototypical of police leaders. Based on these findings, we develop vignettes describing different types of police leaders and administer these in an experimental study using a between-subjects design. Our sample consists of 34 German top-level police leaders for the pre-study and 142 German mid-level police leaders for the main study. Regression analyses provide evidence for a positive effect of leader prototypicality on leader endorsement and trust, a positive moderating effect of organizational identification on these relationships, and a negative effect of displayed power on leader endorsement and trust.

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Alang, Sirry, Rahwa Haile, Rachel Hardeman e Jé Judson. "Mechanisms Connecting Police Brutality, Intersectionality, and Women’s Health Over the Life Course". American Journal of Public Health 113, S1 (gennaio 2023): S29—S36. http://dx.doi.org/10.2105/ajph.2022.307064.

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Police brutality harms women. Structural racism and structural sexism expose women of color to police brutality through 4 interrelated mechanisms: (1) desecration of Black womanhood, (2) criminalization of communities of color, (3) hypersexualization of Black and Brown women, and (4) vicarious marginalization. We analyze intersectionality as a framework for understanding racial and gender determinants of police brutality, arguing that public health research and policy must consider how complex intersections of these determinants and their contextual specificities shape the impact of police brutality on the health of racially minoritized women. We recommend that public health scholars (1) measure and analyze multiple sources of vulnerability to police brutality, (2) consider policies and interventions within the contexts of intersecting statuses, (3) center life course experiences of marginalized women, and (4) assess and make Whiteness visible. People who hold racial and gender power—who benefit from racist and sexist systems—must relinquish power and reject these benefits. Power and the benefits of power are what keep oppressive systems such as racism, sexism, and police brutality in place. (Am J Public Health. 2023;113(S1):S29–S36. https://doi.org/10.2105/AJPH.2022.307064 )

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White, Jarrod. "Power/Knowledge and Public Space: Policing the ‘Aboriginal Towns’". Australian & New Zealand Journal of Criminology 30, n. 3 (dicembre 1997): 275–91. http://dx.doi.org/10.1177/000486589703000305.

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The over representation of Aboriginal people in the criminal justice system is very well established. Further, the role of the police as an organ playing a key role in this over representation — as distinct from essentially passive respondents to a presumably criminal Aboriginal population — has also been widely accepted within the field of criminology This article is an attempt to form an understanding of the interaction between Aboriginal people and police by analysing the manner in which knowledge of the Aboriginal subject is constructed through material police practices in a particular context — the rural communities of North-West New South Wales. The paper emphasises the relationship between the structural imperatives of policing and the specific conditions of particular policed spaces, and the active role played by Aboriginal people in the creation of policing outcomes.

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Souza, ARLEN JOSE Silva de, SERGIO WILLIAM DOMINGUES TEIXEIRA, ROSALINA ALVES NANTES e Maria Grima da Silva Soares. "POLICE POWER OF THE BRAZILIAN ARMY". International Journal for Innovation Education and Research 9, n. 5 (1 maggio 2021): 140–68. http://dx.doi.org/10.31686/ijier.vol9.iss5.3079.

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This work deals with the legal frameworks that manage the exercise of the police power granted to the Armed Forces, addressing the attributions and situations in which they can be employed. The legal provisions are found in the legal system in force, among the precursors the complementary laws of n. 97/1999, n. 117/2004 and n. 136/2010, which brought significant changes in the general rules for the organization, preparation and employment of the Armed Forces. The basis of this work is the study of the use of the Brazilian Army in law and order guarantee operations, as well as ensuring Brazilian territorial sovereignty. The activities called patrolling and policing operations in the border area of the Brazilian territory are exposed throughout the work. Such activities are subsidiary duties conferred by the Armed Forces. At first, a brief exposition will be made of the legal and doctrinal foundations that deal with the power of police, distinguishing it in what is the "administrative police power" and "the power of security police", although coming from state power, both have different purposes.

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Chesterton, G. K. "The New Power of the Police". Chesterton Review 21, n. 4 (1995): 435–41. http://dx.doi.org/10.5840/chesterton1995214112.

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Hoffman, Daniel N., e Jonathan Moreno. "Has Police Power Gone Too Far?" Hastings Center Report 16, n. 5 (ottobre 1986): 44. http://dx.doi.org/10.2307/3562698.

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Arlow, Ruth, e Will Adam. "Greater Manchester Police Authority v Power". Ecclesiastical Law Journal 12, n. 2 (30 aprile 2010): 258–59. http://dx.doi.org/10.1017/s0956618x1000030x.

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Rose, I. Nelson. "Internet Gambling and International "Police Power"". Gaming Law Review 2, n. 2 (marzo 1998): 167–72. http://dx.doi.org/10.1089/glr.1998.2.167.

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Nabers, Deak. "The Novel and the Police Power". Nineteenth-Century Literature 64, n. 1 (1 giugno 2009): 76–107. http://dx.doi.org/10.1525/ncl.2009.64.1.76.

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The realist novel has long been understood in terms of its representation of the diffusion of political agency into social and economic practices. This essay claims that realism, at least as it emerged in the work of late-nineteenth-century American writers such as William Dean Howells, does not record this process of diffusion so much as anatomize it, and that novels like A Hazard of New Fortunes (1890) participated in a widespread and multivalent effort, in American law and literature alike, to specify the proper boundaries of the state's authority in relation other increasingly visible forms of social and economic coercion.

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Webster, Colin. "Ana Muñiz (2015). Police, Power, and The Production of Racial Boundaries". Policing: A Journal of Policy and Practice 11, n. 3 (23 maggio 2017): 369–70. http://dx.doi.org/10.1093/police/pax026.

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Owen, Olly. "GOVERNMENT PROPERTIES: THE NIGERIA POLICE FORCE AS TOTAL INSTITUTION?" Africa 86, n. 1 (15 gennaio 2016): 37–58. http://dx.doi.org/10.1017/s0001972015000790.

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ABSTRACTThis article looks at the relationships between Nigerian police officers and the Nigeria Police Force (NPF) in which they serve. Against simplistic portraits of police institutions as mechanistic agents of governmental power, the article looks inside one such institution to examine how it exercises power over its own personnel, in a totalizing institutional project which combines duty and identity within a hierarchical and paramilitarized structure. Police officers are caught between their embodying of state authority and their lack of authority within their own institution. At the same time, it depicts individual officers' attempts to navigate this structure to their own advantage, creating a counter-current within the institutional world. Both ultimately affect the way in which the NPF exercises its powers within wider society. According to this perspective, the violence and corruption, negligence and evasion that often typify interactions with the police may be less signs of police officers' power than of their attempts to cope with the lack of it.

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Carrington, Adam. "Police the border: Justice field on immigration as a police power". Journal of Supreme Court History 40, n. 1 (marzo 2015): 20–37. http://dx.doi.org/10.1111/jsch.12062.

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Onyi-Ogelle, Helen Obioma, e Chukwuma Obeagu. "State Police : The Alternative Police Power for Nigeria's Internal Security Challenges". NG-Journal of Social Development 6, n. 2 (aprile 2017): 31–38. http://dx.doi.org/10.12816/0041096.

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Carrington, Adam. "Police the Border: Justice Field on Immigration as a Police Power". Journal of Supreme Court History 40, n. 1 (2015): 20–37. http://dx.doi.org/10.1353/sch.2015.0023.

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Turenko, Oleh. "THEORY AND VOCATION OF THE POLICE IN MODERN STATE STUDIES: INTERPRETATION OF M. FОUCAULT". Ukrainian polyceistics: theory, legislation, practice 2, n. 2 (2021): 39–48. http://dx.doi.org/10.32366/2709-9261-2021-2-2-39-48.

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The Foucault’s interpretation of the police, its theoretical substantiation, the range of powers and managerial tasks in modernist discourses. The French philosopher emphasized it should the modern concept of “police” does not coincide with its original theories of modern times. The doctrines of modern political scientists idealized the vocation of the police and identified it with the entire government, providing it with universal means of implementing the state interest. Considering the police from the perspective of “history of thought” Foucault notes that it is the unlimited nature of police functions gave the modern government to approve a disciplinary society, a new form of government - bio-power. This form of power totally controlled the individual, “took care of him” at all levels of biological life and, above all, the depths of consciousness - artificially created his authenticity. At the same time, in the theories of political scientists, the police received the status of a self-regulatory body, whose activities were not strictly controlled by state laws. In this case, the police, in the imaginary sense, is the living embodiment of state interest, morality and integrity, the formative and corrective body of state power. In order to form a disciplined and productive life, the police must direct individuals to regulation, to their temporal and hierarchical repetition. The a priori qualities of the police and its all-encompassing powers form the basis for the assertion of the idea of a “police state” and its radical form of panopticon. It is thanks to the idea of panopticon, its practical implementation by the police in modern society - the formation of disciplinary practice of continuous control in the social institutions of modernism.

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Jung, Se Jong, e Jae Poong Park. "Legal Issues and Comments on the Railway Special Judicial Police System". Korean Association of Public Safety and Criminal Justice 32, n. 3 (30 settembre 2023): 405–32. http://dx.doi.org/10.21181/kjpc.2023.32.3.405.

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This paper was designed to derive legal issues on the railway special judicial police system, present comments on them, and ultimately promote policy suggestions. The main issues can be summarized as the appropriateness of the name, the basis for the exercise of administrative police authority, competition under the jurisdiction of general police officers, and compliance with the principle of legal reservation. The legal authority of the railway police was reviewed in the order of organizational laws, administrative police laws, judicial police laws, and administrative rules. And we looked at the cases of Britain, France, the United States, and Germany and drew implications. Railway police in developed countries were given both administrative police power and judicial police power within their jurisdiction, and security guards were helping regular railway police officers. The legal problems of the current railway special judicial police system are the railway police do not have a legal basis for exercising administrative police power and the Regulations on the Execution of Duties of Railway Judicial Police Officers are only administrative rules. In this paper, five issues were derived and the following comments were developed. First, the Railway Safety Act should be revised so that railway police can exercise their administrative police rights. Second, it is necessary to upgrade the Regulations on the Execution of Duties of Railway Judicial Police Officers to the level of legal orders. Third, There is a great need to reasonably coordinate object jurisdiction and regional jurisdiction with the general police. Fourth, railroad operators should be obligated to operate security personnel. Fifth, it is desirable to reorganize the organization of the Railway Bureau of the Ministry of Land, Infrastructure and Transport.

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González, Yanilda. "The Social Origins of Institutional Weakness and Change: Preferences, Power, and Police Reform in Latin America". World Politics 71, n. 1 (24 dicembre 2018): 44–87. http://dx.doi.org/10.1017/s004388711800014x.

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AbstractDespite historic increases in crime and violence, Latin America’s police forces are characterized by long periods of institutional weakness punctuated by rare, sweeping reforms. To understand these patterns of institutional continuity and change, the author applies the concept of structural power, demonstrating how police leverage their control of coercion to constrain the policy options available to politicians. Within this constrained policy space, politicians choosing between continuity and reform assess societal preferences for police reform and patterns of political competition. Under fragmented societal preferences, irrespective of political competition, reform brings little electoral gain and risks alienating a powerful bureaucracy. Preference fragmentation thus favors the persistence of institutional weakness. When societal preferences converge and a robust political opposition threatens incumbents, politicians face an electoral counterweight to the structural power of police, making reform likely. Using evidence from periods of continuity and reform in Argentina, Brazil, and Colombia, the author traces both outcomes to shifts in societal preferences and political opposition. Despite the imperative to address citizens’ demands by building state capacity in security provision, these cases show that police reform is often rendered electorally disadvantageous.

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Tasbiha, Naila Sohrat. "Male Police involved Intimate Partner Violence: Is it more Dangerous than Abuse by Civilians? An Argumentative Analysis". International Journal of Research and Innovation in Social Science VII, n. XI (2023): 415–28. http://dx.doi.org/10.47772/ijriss.2023.7011033.

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In the wake of the killing of George Floyd, Canadian and US policing has received mass scrutiny. These violent police behavior is currently prompting questions about the appropriate use of force by police officers. Police use of force usually focuses on police officer’s brutality in their official capacity, but there is a lack of empirical data on brutality and abuse perpetrated by police against their intimate partners in their private family lives. Although police officers are more likely than civilians to abuse their partners, the power and training provided to police officers by the state make them significantly more dangerous as domestic violence perpetrators. “Feminist theory” and “Hegemonic Masculinity theory” have been applied to understand the power and control that police officers have due to their training, which causes them to be considered more violent and dangerous for their families, especially for their intimate partners. To support the argument, three key themes have emerged: police abusers are skilled abusers; victims face a tremendous struggle to report the abuse; and available support systems for the victims of police abusers sometimes not adequate for them. Finally, some policy implications have been provided to address this problematic and potentially more dangerous issue.

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Mugari, Ishmael, e Adewale A. Olutola. "The Role of the Court and the Constitution on Police Oversight in Zimbabwe: Prospects and Challenges". Journal of Economics and Public Finance 3, n. 2 (29 maggio 2017): 272. http://dx.doi.org/10.22158/jepf.v3n2p272.

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<p><em>The wide discretionary powers that are bestowed on the police necessitate the need for some mechanisms to curb abuse of these powers. The court, as an accountability institution, plays an important role in curtailing police abuse of power. This study explored the role of the court in police oversight in Zimbabwe, as well as examining the effectiveness of this important oversight institution in Zimbabwe. A total of 126 respondents drawn from institutions of accountability, were invited to participate through questionnaires and in-depth interviews. The study revealed that the court is an effective institution of police accountability, whose police oversight role is performed through: deciding on the propriety of police actions; presiding over criminal cases in which police officers are implicated; and presiding over civil suits against the police. However, despite the court’s effectiveness, the limited number of judicial officers and absence of a mechanism to implement court judgements against the police seem to militate against the court’s effectiveness. The constitution was widely viewed to be an effective legal document for enhancing police accountability, though its effectiveness largely depends on willingness of state institutions to adhere to constitutional provisions. Despite some obstacles, the court and the constitution are key independent mechanisms for curbing police abuse of power in the Republic of Zimbabwe.</em></p>

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Gilsing, Sterre. "The Power of Silence". Conflict and Society 6, n. 1 (1 giugno 2020): 128–44. http://dx.doi.org/10.3167/arcs.2020.060108.

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This article examines the sonic dimension of police operations and occupations by tracing how the everyday life changed sonically in favelas in Rio de Janeiro during their occupation by Pacifying Police Units. I tune into the silencing practices of these security policies and conclude that a moral silencing of a racialized and gendered class of people takes place. A focus on silence helps us to understand sound as a technology of power, which enables the Brazilian state to operate along a gendered sonic color line. The cases I discuss are two instances of silencing that are a product of the operations and occupations: first, the silencing of the soundscape of the favela during police operations, and second, the silencing of funk parties. These ethnographic instances elucidate how racialized processes of negation of black subjectivity and black cultural expressions take place in the Olympic city.

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Gomes de Almeida, Franklin Epiphanio. "POLICE DISCRETION AND PROCEDURAL JUSTICE". Revista do Instituto Brasileiro de Segurança Pública (RIBSP) 4, n. 8 (9 dicembre 2020): 78–88. http://dx.doi.org/10.36776/ribsp.v4i8.120.

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Discretion is an important and inevitable characteristic of policing that raises several discussions among academics and practitioners in the field due to the significant impact that police decisions can have on citizens’ lives and on the credibility of police institutions. This controversial attribute of police power presents challenges to the exercise of policing in democratic societies. This essay argues that procedural justice upholds police discretionary powers. It also presents real-life examples of how the exercise of police discretion in policing diverse communities may be used to counter or endorse principles of equality and procedural justice.

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Cape, Ed, e Richard A. Edwards. "POLICE BAIL WITHOUT CHARGE: THE HUMAN RIGHTS IMPLICATIONS". Cambridge Law Journal 69, n. 3 (novembre 2010): 529–60. http://dx.doi.org/10.1017/s0008197310000796.

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Whilst the power of the police to release a person on bail prior to trial has existed for centuries, the power to release on bail a person suspected of but not charged with a criminal offence has been available to the police only since 1925. The power to attach conditions to pre-charge bail is of very recent origin, having been introduced for the first time in 2003 but rapidly expanded since then. Whilst imposing restrictions on the liberty of a person should, constitutionally, be reserved to the judiciary, the fact that it was originally conceived, in part at least, as a mechanism for enhancing liberty reduced the constitutional tension created by allowing members of the executive such powers. However, the changing role of arrest in the investigation of crime and the granting of extensive powers to the police to impose bail conditions means that the police now have the ability to place controls on people not charged with a criminal offence for extended periods of time. It is argued here that this is in breach of the right to liberty under Article 5 of the European Convention on Human Rights and, in practice, may also breach other Convention rights.

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38

Stewart, Hamish. "Kantian Police". New Criminal Law Review 17, n. 1 (1 gennaio 2014): 1–22. http://dx.doi.org/10.1525/nclr.2014.17.1.1.

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Limits on consent in penal law flow not just from traditional criminal law problems such as consensual harms in the law of assault, but also from the way that regulatory offenses limit individuals’ ability to contract out of or to consent to departures from their requirements. For a Kantian who understands the justification of public power as connected only to the task of providing a rightful condition for free and purposive agents, these limits, and the police power from which they flow, are puzzling. It is not obvious, for example, how a fully consensual departure from a safety regulation or the mere possession of a firearm is inconsistent with the freedom and purposiveness of all. The possibility of penally enforced regulatory law, of Kantian police, can be explained as follows. The task of a legal order in a rightful condition includes the enactment of those public laws that are required for the creation or maintenance of a rightful condition but that cannot be understood purely in terms of protecting one private person’s purposiveness from the intrusion of other private persons. The regulatory law that is justified by these public tasks will frequently have a paternalistic appearance and therefore will frequently disregard the consent of the persons to whom it applies. But these limits on consent are characteristically by-products of its necessarily public nature rather than part of its justification.

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39

Fleming, Jenny. "Power and Persuasion: Police Unionism and Law Reform in Queensland". Queensland Review 4, n. 2 (ottobre 1997): 59–74. http://dx.doi.org/10.1017/s1321816600001549.

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In Australia, the role of police unions has assumed a prominence in contemporary debates surrounding the legitimate role of police in today's society. There is a perception that police unions in particular exercise undue influence over the political process, management practice and law reform. These perceptions are invariably grounded in “orthodox” accounts of policing that are based in part on the assumption that the police force, as an institution, is part of the “natural order of things”, that is, that the role of police is simply to “enforce the law as laid down by Parliament and the courts on behalf of the community”. Contemporary studies of policing have begun to challenge these views. Their observations suggest that the police are not merely passive instruments of the state but are actively engaged in influencing the processes of police administration and law reform. This body of work however does not specifically address the issue of police organisation and its impact on these processes. If we are to resolve contemporary concerns regarding police participation in the political sphere, a more adequate account of police practices and the institutions within which these practices have evolved is required.

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Tepe, Markus, e Pieter Vanhuysse. "Cops for hire? The political economy of police employment in the German states". Journal of Public Policy 33, n. 2 (4 giugno 2013): 165–99. http://dx.doi.org/10.1017/s0143814x13000068.

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AbstractIn times of an alleged waning of political business cycles and partisan policy-making, vote-seeking policy-makers can be expected toshiftthe use of political manipulation mechanisms towards other policy domains in which the macro-institutional environment allows them greater leverage. Public employment generally, and police employment specifically, are a promising domain for such tactics. Timing the hiring of police officers during election periods may increase votes, as these are “street-visible” jobs dealing with politically salient issues. Law-and-order competence signalling makes police hiring especially attractive for conservative parties. Testing these electioneering and partisanship hypotheses in the German states between 1992 and 2010, we find that socio-economic variables such as population density strongly determine police employment. But incumbents also hire more police officers before elections, while conservative party power increases police numbers. Subjectively “immediate” forms of crime (issue salience) and perceived causes of crime such as immigration are also positively associated with police numbers.

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41

Sidak, J. Gregory, e Fred S. McChesney. "The Petty Larceny of the Police Power". California Law Review 86, n. 3 (maggio 1998): 655. http://dx.doi.org/10.2307/3481122.

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42

James, Steve. "Book Review: Police Power: Use and Abuse". Australian & New Zealand Journal of Criminology 24, n. 1 (marzo 1991): 59. http://dx.doi.org/10.1177/000486589102400105.

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43

Shukla, Rashi K. "Book Review: Meth wars: Police, media, power". International Criminal Justice Review 27, n. 3 (22 maggio 2017): 223–25. http://dx.doi.org/10.1177/1057567717710995.

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44

OSWALD, LYNDA J. "PROPERTY RIGHTS LEGISLATION AND THE POLICE POWER". American Business Law Journal 37, n. 3 (marzo 2000): 527–62. http://dx.doi.org/10.1111/j.1744-1714.2000.tb00277.x.

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45

King, Shannon. "Police Power and the Politics of Safety". Reviews in American History 48, n. 1 (2020): 124–38. http://dx.doi.org/10.1353/rah.2020.0017.

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46

Garriott, William. "Travis Linnemann, Meth Wars: Police, Media, Power". Punishment & Society 21, n. 3 (23 febbraio 2018): 367–69. http://dx.doi.org/10.1177/1462474518761620.

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47

Revier, Kevin. "Travis Linnemann: Meth Wars: Police, Media, Power". Critical Criminology 25, n. 3 (11 marzo 2017): 475–77. http://dx.doi.org/10.1007/s10612-017-9353-z.

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48

Schneider, Cathy Lisa. "Police Power and Race Riots in Paris". Politics & Society 36, n. 1 (marzo 2008): 133–59. http://dx.doi.org/10.1177/0032329208314802.

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49

Weaver, Vesla, Gwen Prowse e Spencer Piston. "Withdrawing and Drawing In: Political Discourse in Policed Communities". Journal of Race, Ethnicity, and Politics 5, n. 3 (28 gennaio 2020): 604–47. http://dx.doi.org/10.1017/rep.2019.50.

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AbstractA growing body of literature examines how direct or vicarious contact with forms of state surveillance affects political behavior and perceptions of government legitimacy. We develop a new method, Portals, to collect conversations between black residents from highly policed areas in five different U.S. cities between 2016 and 2018. While existing research emphasizes how interactions with the carceral state are alienating and demobilizing, our analysis of these conversations identifies productive ways in which citizens respond to oppressive encounters with police. The political discourses used by Portals participants, we argue, are centered on a logic of “collective autonomy”—given police ignorance, abuses of police authority, and the little political power that residents of highly policed communities have to demand change, many conclude that power is best achieved by strategically distancing from state institutions in the short term while building community power in the long term. Crucially, articulations of collective autonomy transcend the ideological positions of participants and track closely with an ideological tradition in black politics that persists across generations and contexts of state oppression.

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Yaltaev, Dmitry A. "FUNCTIONAL TRADITIONALISM OF THE RUSSIAN POLICE IN THE LATE XVIII – EARLY XX CENTURIES". Historical Search 3, n. 2 (30 giugno 2022): 48–58. http://dx.doi.org/10.47026/2712-9454-2022-3-2-48-58.

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During the imperial period of the existence of Russia, traditions were created by Catherine III. They remained until the beginning of the XX century. Many traditions were spelled out in the Charter of the Deanery of 1782. Legislators were guided by the Charter up to modern Russia. This determined the frequent unification of the stages of police development in one period, chronologically coinciding with the imperial period of the history of Russia (XVIII – early XIX century). The activities of the police were based on general moral rules for overseeing any order in the life of the society, performing a wide range of functions: political, law enforcement, fiscal and spiritual. One of the reasons for the traditional authority of the police was the class principle of the existence of society. Power was based on the landowner nobility. The legislation was distinguished by a mixture of moral councils and legal norms, temporary administrative orders and permanent laws. The monarchical supremacy of power over law was often manifested. The material support of the police was poor. This maintained personnel difficulties and elements of corruption. Many top officials of the state from M.M. Speransky to P.A. Stolypin called for changing the principles of the organization and functioning of the police. In the second half of the XIX century, the modern principles of judicial proceedings were implemented and reforms, aimed at dividing the powers of various power structures, were carried out. But the police remained the main administrative unit for the implementation of power in the province. Certain reforms of the beginning of the XX century (the creation of a police guard, separation from the rural police) had only a structural purpose and did not play a crucial role. This determined the conservatism, generalization and partly uncertainty in the activities of the police until the collapse of the empire in 1917.

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