The Experts below are selected from a list of 39 Experts worldwide ranked by ideXlab platform

Barry Friedman - One of the best experts on this subject based on the ideXlab platform.

  • disaggregating the Police Function
    Social Science Research Network, 2020
    Co-Authors: Barry Friedman
    Abstract:

    Policing imposes serious and extensive harm, from shootings and non-lethal uses of force, to stops, searches, arrests, and incarceration. All of this comes with pervasive racial disparities. Scholars and advocates tend to see these harms as collateral to policing, and seek to address them with “harm-regulating” tools such as civil rights suits, prosecution of Police officers, elimination of qualified immunity, more Department of Justice investigations, civilian review boards, and the like. Harm-regulation techniques are unlikely to be successful, however, as we see all too well in practice. Harm is not collateral to policing, it is innate to it. We call Police crimefighters, we train them in using force and enforcing the law, and we deploy them to do this. So, it should come as no surprise that what we get is force, and law enforcement. And that this approach does little to address the sorts of social problems—from homelessness to substance abuse to mental illness—that Police confront every day. This Article take an entirely different approach to the harms of policing, looking to the very core of the policing Function itself. It disaggregates what Police officers are called upon to do daily into their constituent Functions, asking in each instance: are force and law the appropriate responses, and if not, what are? Crimefighting actually is a very small part of what Police do every day, and their actual work requires an entirely different range of skills, among them: mediation skills to address conflict, social work skills to get people the long-term solutions they need, interviewing and investigative skills to really solve crimes, and victim-assistance. Yet, Police are barely trained in any of this, so, it is no surprise harm is the result. This Article suggests a range of solutions designed not to reduce harm collaterally, but to reduce altogether the footprint of force and law. Police need to be trained in radically different ways. We either need to change fundamentally the nature of the policing agency workforce, or move Police to the background, bringing in other agencies of government to address the actually problems Police face on a day-to-day basis. It proposes a totally novel idea for generalist first responders. And it argues that we must reduce criminalization. In short, to reduce the harms of policing, we need to reimagine public safety from the ground up.

Dominic Corva - One of the best experts on this subject based on the ideXlab platform.

  • Biopower and the Militarization of the Police Function Dominic Corva
    ACME: An International Journal for Critical Geographies, 2009
    Co-Authors: Dominic Corva
    Abstract:

    In Multitude, Hardt and Negri explain imperialism, in the context of Empire, as part of the globalization of war as biopower. They note that the Police Function and the war Function are increasingly indistinguishable in the context of Empire, and then proceed to analyze the biopoliticization of the war Function. This review examines instead the transnational militarization of the Police Function through the U.S. war on drugs in the Americas, arguing that the widespread consent to this U.S.-catalyzed process may shed more light on the globalization of war as biopower, and possibilities for its resistance.

  • Biopower and the Militarization of the Police Function
    ACME: an International E-Journal for Critical Geographies, 2009
    Co-Authors: Dominic Corva
    Abstract:

    In Multitude, Hardt and Negri explain imperialism, in the context of Empire, as part of the globalization of war as biopower. They note that the Police Function and the war Function are increasingly indistinguishable in the context of Empire, and then proceed to analyze the biopoliticization of the war Function. This review examines instead the transnational militarization of the Police Function through the U.S. war on drugs in the Americas, arguing that the widespread consent to this U.S.-catalyzed process may shed more light on the globalization of war as biopower, and possibilities for its resistance.

Ulfrid Neumann - One of the best experts on this subject based on the ideXlab platform.

  • liberal criminal theory essays for andreas von hirsch
    2014
    Co-Authors: A P Simester, Antje Du Boispedain, Ulfrid Neumann
    Abstract:

    Part 1: Punishment and Prevention 1. Punishment Paradigms and the Role of the Preventive State Andrew Ashworth and Lucia Zedner I. The Role of Prudential Disincentives II. The Scope of the State's Authority to Censure III. The State's Preventive Obligation IV. Developing the Preventive Obligation V. Conclusion 2. Prevention, Censure and Responsibility: The Recent Debate on the Purposes of Punishment* Claus Roxin 23 I. Overcoming the Simple Contrast between Two Strands of Theories? II. The Shortcomings of Traditional 'Absolute' and 'Relative' Theories of Punishment III. Principled Limits on Punishment, Guilt and Censure IV. Why Must the Perpetrator Allow Himself to be Roped in for the Achievement of the State's Preventive Aims? V. On the Expressive Function of Punishment VI. Conclusion 3. Prevention with a Moral Voice JR Edwards and AP Simester I. Reconciling Desert and Deterrence II. Respecting Persons: Hegel and the Moral Voice III. Not Treating People as Means IV. Conclusion 4. The 'Deserved' Punishment* Ulfrid Neumann I. 'Effective' versus 'Deserved' Punishment: a Hypothetical Scenario II. The Deserved Punishment: an Essential Component of 'Absolute' (Deontological) Theories of Punishment III. The Deserved Punishment in Complex ('Unified') Theories of Punishment IV. The Culpability Principle: Ways towards its Recognition within a Theory of Punishment V. The Culpability Principle as an Integral Component of the Institution of Punishment VI. Punishment as Reaction and as Retribution Part 2: Punishment, Desert and Communication 5. After the Crime: Post-Offence Conduct and Penal Censure Julian V Roberts and Hannah Maslen I. Introduction II. Defining Post-Offence-related Conduct III. Justifying the Mitigating Role of Commendable POC: An Offence-seriousness Approach IV. A More Expansive Account of the Normative Value of POC: Censure and Broader Retributive Values V. Some External Objections to POC as a Sentencing Factor VI. Conclusions 6. Does Punishment Honour the Offender?* Kurt Seelmann I. Overview II. Reprobation and Treatment as a 'Moral Agent', ie as a Participant in Moral Discourse III. Punishment as Honouring the Offender in German Idealist Philosophy IV. What are the Differences between Strawson and the German Idealists with respect to the Function of Penal Censure? V. Imputation and the Person prior to Idealism: Attribution of Responsibility as a way of Taking Identity Seriously VI. Criticising this Tradition with Assistance from Hegel? (The Case of Forgiveness) 7. Criminal Law, Crime and Punishment as Communication Klaus Gunther I. Punishment: From Welfare Instrumentalism to Moral Expressivism II. The Communicative Turn III. Punishment as Communication IV. What does the Crime Say? V. What does the Criminal Law Say? VI. Why Hard Treatment? VII. Communication as an Action VIII. Again: Punishment as Communication 8. Can Deserts Be Just in an Unjust World Michael Tonry I. Recognition of the 'Unjust World' Problem II. Deep Disadvantage and Criminal Behaviour III. Deep Disadvantage as an Excuse or Mitigation IV. Social Adversity in Mitigation V. A Celebration Part 3: Rechtsguter, Harm and Offence in Criminalisation 9. 'Rights of Others' in Criminalisation Theory Tatjana Hornle I. Strengths and Weaknesses of the Harm Principle II. Legal Moralism as the Only Alternative? III. The Tasks of Law IV. The Concept of 'Rights' V. Legal Rights Claims versus Moral Rights VI. A Final Remark 10. The Harm Principle and the Protection of 'Legal Goods' (Rechtsguterschutz): a German Perspective* Winfried Hassemer I. Dedication II. Harm Orientations through the Doctrine of Legal Goods and the Harm Principle III. Aims of the Harm-Orientation Doctrines IV. Limits 11. 'Remote Harms' and the Two Harm Principles RA Duff and SE Marshall I. The Two Harm Principles II. Remote Harms and the Harmful Conduct Principle III. The Harm Prevention Principle and Regulatory Offences IV. Why Should We Obey? 12. Using 'Quality of Life' to Legitimate Criminal Law Intervention: Gauging Gravity, Defining Disorder Nina Persak I. Assessing Harm II. Developing a Quality of Life Conception of Harm III. Application of the Model in Different Cultural Settings IV. Quality of Life in Defining and Regulating Disorder? Distinction from Security Discourses V. Concluding Thoughts 13. Criminal Liability for Offensive Behaviour in Public Spaces* Wolfgang Wohlers I. Searching for Standards of Legitimate Criminal Legislation II. Concluding Remarks Part 4: Criminal Justice in a Liberal State 14. Can Punishment Be Just?* Bernd Schunemann I. The Three Levels of Penal Justice II. A Penal Theory fit for Contemporary European Culture III. Just Punishment Requires a Just Demarcation of Criminal Conduct IV. The Requirements of Penal Justice Regarding the Structure of the Criminal Trial V. Concluding Remarks 15. Punishment and the Ends of Policing John Kleinig I. Is Punishment Ever a Legitimate Police Function? II. The Criminal Justice System III. The Police Role (or the Ends of Policing) IV. Police and Punishment V. Conclusion 16. The Place of Criminal Law Theory in the Constitutional State Antje du Bois-Pedain I. Criminal Law Theory in German Constitutional Jurisprudence II. Shaping the Interface between Constitutional Law and Penal Theory through a Constitutional 'Right not to be Punished'? The Limited Potential of Constitutional Incorporation III. What Penal Theory has to Offer Law and Practice in a Constitutional State IV. Concluding Remarks 17. Criminal Law Theory and the Limits of Liberalism Paul Roberts I. Questioning the Liberal Consensus in Contemporary Criminal Law Theory II. Liberal Political Morality, in Miniature III. Liberal Criminal Law Theory for Liberals IV. Two Theoretical Limitations: Incompleteness and Indeterminacy V. From Liberal Criminal Law Theory to Cosmopolitan Criminal Jurisprudence

Kamri Ahmad - One of the best experts on this subject based on the ideXlab platform.

  • the effectiveness of indonesian national Police Function on banggai regency Police investigation investigation case study year 2008 2016
    Jurnal Dinamika Hukum Unsoed, 2017
    Co-Authors: Hardianto Djanggih, Kamri Ahmad
    Abstract:

    Criminal justice processes are frequently unwell-implemented due to various investigators’ shortcomings in performing the ir Function. This research aims to determine and analyze the effectiveness of the Police investigation into the handling of Criminal Offenses in Banggai. This research employed socio-juridical methods approach particularly descriptive analytical research. The data a nalysis was conducted by descriptive qualitative and quantitative analysis. The results showed that: the re is an imbalance between investigators and number of crimes ; 70% of suspects were arrested by investigators without warrant ; discrimination among suspect s in investigation process occurs ; investigator s would prefer interrogating suspect without being assisted by lawyer; limited information given by the investigators to suspect’ s family ; suspects were detained without according to t h e applicable law and regulations. Keywords : effectiveness, Police, investigation process

A P Simester - One of the best experts on this subject based on the ideXlab platform.

  • liberal criminal theory essays for andreas von hirsch
    2014
    Co-Authors: A P Simester, Antje Du Boispedain, Ulfrid Neumann
    Abstract:

    Part 1: Punishment and Prevention 1. Punishment Paradigms and the Role of the Preventive State Andrew Ashworth and Lucia Zedner I. The Role of Prudential Disincentives II. The Scope of the State's Authority to Censure III. The State's Preventive Obligation IV. Developing the Preventive Obligation V. Conclusion 2. Prevention, Censure and Responsibility: The Recent Debate on the Purposes of Punishment* Claus Roxin 23 I. Overcoming the Simple Contrast between Two Strands of Theories? II. The Shortcomings of Traditional 'Absolute' and 'Relative' Theories of Punishment III. Principled Limits on Punishment, Guilt and Censure IV. Why Must the Perpetrator Allow Himself to be Roped in for the Achievement of the State's Preventive Aims? V. On the Expressive Function of Punishment VI. Conclusion 3. Prevention with a Moral Voice JR Edwards and AP Simester I. Reconciling Desert and Deterrence II. Respecting Persons: Hegel and the Moral Voice III. Not Treating People as Means IV. Conclusion 4. The 'Deserved' Punishment* Ulfrid Neumann I. 'Effective' versus 'Deserved' Punishment: a Hypothetical Scenario II. The Deserved Punishment: an Essential Component of 'Absolute' (Deontological) Theories of Punishment III. The Deserved Punishment in Complex ('Unified') Theories of Punishment IV. The Culpability Principle: Ways towards its Recognition within a Theory of Punishment V. The Culpability Principle as an Integral Component of the Institution of Punishment VI. Punishment as Reaction and as Retribution Part 2: Punishment, Desert and Communication 5. After the Crime: Post-Offence Conduct and Penal Censure Julian V Roberts and Hannah Maslen I. Introduction II. Defining Post-Offence-related Conduct III. Justifying the Mitigating Role of Commendable POC: An Offence-seriousness Approach IV. A More Expansive Account of the Normative Value of POC: Censure and Broader Retributive Values V. Some External Objections to POC as a Sentencing Factor VI. Conclusions 6. Does Punishment Honour the Offender?* Kurt Seelmann I. Overview II. Reprobation and Treatment as a 'Moral Agent', ie as a Participant in Moral Discourse III. Punishment as Honouring the Offender in German Idealist Philosophy IV. What are the Differences between Strawson and the German Idealists with respect to the Function of Penal Censure? V. Imputation and the Person prior to Idealism: Attribution of Responsibility as a way of Taking Identity Seriously VI. Criticising this Tradition with Assistance from Hegel? (The Case of Forgiveness) 7. Criminal Law, Crime and Punishment as Communication Klaus Gunther I. Punishment: From Welfare Instrumentalism to Moral Expressivism II. The Communicative Turn III. Punishment as Communication IV. What does the Crime Say? V. What does the Criminal Law Say? VI. Why Hard Treatment? VII. Communication as an Action VIII. Again: Punishment as Communication 8. Can Deserts Be Just in an Unjust World Michael Tonry I. Recognition of the 'Unjust World' Problem II. Deep Disadvantage and Criminal Behaviour III. Deep Disadvantage as an Excuse or Mitigation IV. Social Adversity in Mitigation V. A Celebration Part 3: Rechtsguter, Harm and Offence in Criminalisation 9. 'Rights of Others' in Criminalisation Theory Tatjana Hornle I. Strengths and Weaknesses of the Harm Principle II. Legal Moralism as the Only Alternative? III. The Tasks of Law IV. The Concept of 'Rights' V. Legal Rights Claims versus Moral Rights VI. A Final Remark 10. The Harm Principle and the Protection of 'Legal Goods' (Rechtsguterschutz): a German Perspective* Winfried Hassemer I. Dedication II. Harm Orientations through the Doctrine of Legal Goods and the Harm Principle III. Aims of the Harm-Orientation Doctrines IV. Limits 11. 'Remote Harms' and the Two Harm Principles RA Duff and SE Marshall I. The Two Harm Principles II. Remote Harms and the Harmful Conduct Principle III. The Harm Prevention Principle and Regulatory Offences IV. Why Should We Obey? 12. Using 'Quality of Life' to Legitimate Criminal Law Intervention: Gauging Gravity, Defining Disorder Nina Persak I. Assessing Harm II. Developing a Quality of Life Conception of Harm III. Application of the Model in Different Cultural Settings IV. Quality of Life in Defining and Regulating Disorder? Distinction from Security Discourses V. Concluding Thoughts 13. Criminal Liability for Offensive Behaviour in Public Spaces* Wolfgang Wohlers I. Searching for Standards of Legitimate Criminal Legislation II. Concluding Remarks Part 4: Criminal Justice in a Liberal State 14. Can Punishment Be Just?* Bernd Schunemann I. The Three Levels of Penal Justice II. A Penal Theory fit for Contemporary European Culture III. Just Punishment Requires a Just Demarcation of Criminal Conduct IV. The Requirements of Penal Justice Regarding the Structure of the Criminal Trial V. Concluding Remarks 15. Punishment and the Ends of Policing John Kleinig I. Is Punishment Ever a Legitimate Police Function? II. The Criminal Justice System III. The Police Role (or the Ends of Policing) IV. Police and Punishment V. Conclusion 16. The Place of Criminal Law Theory in the Constitutional State Antje du Bois-Pedain I. Criminal Law Theory in German Constitutional Jurisprudence II. Shaping the Interface between Constitutional Law and Penal Theory through a Constitutional 'Right not to be Punished'? The Limited Potential of Constitutional Incorporation III. What Penal Theory has to Offer Law and Practice in a Constitutional State IV. Concluding Remarks 17. Criminal Law Theory and the Limits of Liberalism Paul Roberts I. Questioning the Liberal Consensus in Contemporary Criminal Law Theory II. Liberal Political Morality, in Miniature III. Liberal Criminal Law Theory for Liberals IV. Two Theoretical Limitations: Incompleteness and Indeterminacy V. From Liberal Criminal Law Theory to Cosmopolitan Criminal Jurisprudence